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Waivers

A waiver is a legal document that allows an individual to be excused from certain requirements of U.S. immigration law. Waivers are often used to overcome inadmissibility, which is a condition that makes an individual ineligible for immigration benefits.

There are many different types of waivers available, each with its own set of requirements

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Unlawful Presence Waiver

An unlawful presence waiver is a legal document that allows an individual to be excused from the three- and ten-year bars to inadmissibility for unlawful presence in the United States.

Unlawful presence is defined as being in the United States without being authorized to do so. The three-year bar applies to individuals who have accrued more than 180 days but less than one year of unlawful presence in the United States. The ten-year bar applies to individuals who have accrued more than one year of unlawful presence in the United States.

There are several grounds for obtaining an unlawful presence waiver. Some of the most common grounds include:

  • Extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent

  • Humanitarian reasons

  • Public interest

If you are inadmissible to the United States due to unlawful presence, you may be eligible for an unlawful presence waiver. However, the waiver process can be complex and time-consuming. It is important to speak with an experienced immigration attorney if you are considering applying for an unlawful presence waiver.

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Misrepresentation Waiver

A misrepresentation waiver is a legal document that allows an individual to be excused from inadmissibility for misrepresentation or fraud in immigration proceedings.

Misrepresentation is defined as knowingly making a false statement or concealing a material fact in an immigration proceeding. Fraud is defined as knowingly deceiving or attempting to deceive an immigration officer or an immigration judge.

If you are inadmissible to the United States due to misrepresentation or fraud, you may be eligible for a misrepresentation waiver. However, the waiver process can be complex and time-consuming. It is important to speak with an experienced immigration attorney if you are considering applying for a misrepresentation waiver.

An attorney can help you understand the requirements for the misrepresentation waiver that you are interested in and prepare your application. An attorney can also represent you in front of USCIS if your misrepresentation waiver application is denied.

Here are some of the services that an attorney can provide in misrepresentation waiver cases:

  • Review your eligibility for a misrepresentation waiver

  • Assist you with the misrepresentation waiver application process

  • Represent you in front of USCIS if your misrepresentation waiver application is denied

  • Help you prepare for your immigration interview

If you are inadmissible to the United States due to misrepresentation or fraud, it is important to speak with an attorney as soon as possible. An attorney can help you understand your options and fight to get you the waiver that you need.

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Criminal Grounds Waiver

A criminal grounds waiver is a legal document that allows an individual to be excused from inadmissibility for criminal convictions.

Inadmissibility is a condition that makes an individual ineligible for immigration benefits. There are many different types of criminal convictions that can make an individual inadmissible to the United States. Some of the most common criminal convictions that can make an individual inadmissible include:

  • Crimes of moral turpitude

  • Aggravated felonies

  • Controlled substance offenses

  • Crimes involving moral turpitude are crimes that are considered to be inherently wrong, such as theft, fraud, and assault. Aggravated felonies are serious crimes that can result in a sentence of more than one year in prison. Controlled substance offenses are crimes involving the possession, distribution, or trafficking of illegal drugs.

If you are inadmissible to the United States due to a criminal conviction, you may be eligible for a criminal grounds waiver. However, the waiver process can be complex and time-consuming. It is important to speak with an experienced immigration attorney if you are considering applying for a criminal grounds waiver.

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Permission to reapply after deportation.

If you have been deported from the United States, you may be able to apply for permission to reapply for admission. This is called "permission to reapply after deportation".

The permission to reapply after deportation is a discretionary benefit, which means that USCIS has the discretion to grant or deny your application. There are a number of factors that USCIS will consider when making its decision, including:

  • The reason for your deportation

  • The length of time you have been outside the United States

  • Your ties to the United States

  • Whether you have any criminal convictions

If you are considering applying for permission to reapply after deportation, it is important to speak with an experienced immigration attorney. An attorney can help you understand the requirements for this and prepare your application. An attorney can also represent you in front of USCIS if your permission to reapply after deportation application is denied.

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