What is a migration waiver and when can this forgiveness be requested?

For United States immigration laws, a waiver, which is also known as forgiveness or permission, consists in the non-application of a general rule for a specific case. It is other words, it is an exception.

When applying the waiver the applicant could take out a visa or a residence card or other immigration benefits that without such forgiveness he could not obtain.

It is essential to understand that the waiver is discretionary. In other words, even in cases where it is possible to request it because all the requirements are met, the final decision on whether it is approved depends exclusively on the will of the agency or person with the capacity to make the decision.

There are different types of waiver and four major categories in which it is possible to benefit from this special permit are explained below.

Waivers to obtain a nonimmigrant visa
When a foreign person is denied a nonimmigrant visa, such as a tourist, student, work, investment, exchange, etc. for one or more causes of inadmissibility, in most cases it is possible to ask for an Immigration pardon, which is technically known as a NIV waiver or 212 (d) (3), by the section of the Immigration and Citizenship Law that Try this forgiveness.

The most common cases of causes of inadmissibility are illegal stay in the US. for more than 180 days, having committed an immigration violation as a presentation of false papers, having committed a crime or medical causes. For all these circumstances it would be possible to request a waiver. However, it is impossible in the case of terrorism or danger to US security. such as gang cases.

Waiver processing for nonimmigrant visa
In these situations of non-immigrant visa denial because the applicant is inadmissible, the consulate officer who denies the visa during the interview may suggest that a waiver be requested.

In these cases, the application can be submitted without having to use a specific form. There is also no presentation cost. In general, it is a statement that specifies the circumstances of the case and the reasons why the waiver is requested. Likewise, it is advisable to include affidavits and / or evidence that supports what is stated in the letter.

The request for forgiveness is addressed to the consulate at the time it is applied again by the visa.

If the consulate considers this request logical, it will forward it with a favorable recommendation to the United States to the Admissibility Review Office (ARO), if it is really approved.

If the consulate issues an unfavorable opinion, it is generally no longer forwarded to ARO.

In these cases, the visa applicant can insist on the consulate to send the application to the Visa Office (VO) of the State Department to review said request and determine if the waiver's request should be forwarded to the ARO for resolution.

To decide which waiver requests the ARO approves, it takes into consideration the following factors:

time elapsed since the event causing the inadmissibility
if the fact that causes inadmissibility was isolated or is part of a pattern of behavior
Reasons of the applicant to enter the US
positive or negative effect that the applicant's trip may have in the US interest.
applicant rehabilitation

The final decision of ARO is notified to both the consulate and the applicant and there is no appeal on such resolution.

At present, the ARO response delay time varies between four months and one year.

Waiver to obtain a green card
It is possible that the processing of a residence card by means of an adjustment of status or an immigrant visa from outside the United States does not come to fruition because it is considered that the person for whom it is requested is not admissible. That is, it affects one of these 40 causes that cause the denial of the green card.

There are different types of waiver, depending on the type of problem

For example, spouses, parents and unmarried children under 21 of American citizens who are in the US and their only problem is that they entered the country illegally could qualify for an I-601A provisional waiver for illegal presence.

For all other cases of illegal presence for qualifying family members, check if the requirements to request an I-601 waiver are met.

This same waiver can be requested for other causes of inadmissibility such as, for example, felony conviction, moral crimes, possession of less than 30 grams of marijuana, prostitution, contagious diseases, certain physical or mental illnesses, lack of vaccines, immigration fraud, etc. .

Waiver for deportation or expulsion

Cases for which it is not possible to request any type of waiver
Among other circumstances, it is not possible to request any type of waiver in cases of drug addiction or trafficking, membership in the Nazi party, participation in genocide, danger to US security, terrorism, voting in US elections. ., posing as a US citizen after 1997, espionage, student visa abuse, illegal presence in the US after having committed an immigration violation, polygamy or international kidnapping of children.

Waiver cost and delay
The cost to apply is as follows:

I-212, application for readmission in the US: $ 930
I-601: $ 930
I-601A: $ 630, in addition. Children under 79 must pay $ 85 for fingerprints and other biometric.
As for the processing time, it varies from case to case. As a general rule it takes less than six months but there are cases that are taking 10 and a half months.

Visa waiver to enter as a tourist or for business
A peculiar example is the Visa Waiver Program, since no person here requests that the waiver be applied but is granted to the citizens of the countries under this program.

They can travel as tourists or for business reasons to the USA. No need to apply for a B1 / B2 visa. Your stay may not exceed 90 days and you cannot request an extension of the stay or obtain a visa while you are in the country.

Waiver on J-1 exchange visas
J or exchange visas have a limited period of validity, which can be extended but not unlimitedly. In some cases of J visas, once the holder of these visas is terminated he must leave the United States and his return, if it occurs, cannot occur before two years have elapsed.

A typical example of these visas is the J-1 for teachers or teachers. To request the exemption you must fill out the DS-3035 form digitally and pay a fee of $ 120. Within two to four months it is notified whether or not the waiver is granted, although in particular cases the resolution may take longer.

Tips to keep in mind
Forgiveness is complex and difficult to obtain. It is best to avoid situations that create problems with the immigration authorities of the United States. For example, do not stay longer than the permit within the country as it results in the cancellation of the visa and may apply the penalty of three and five years.

Waivers or sorry are complex. It is highly recommended to have a good lawyer. At the same time, avoid being a victim of fraud. There are no special connections to obtain approvals or to expedite procedures.

Basic points about immigration waiver
For immigration authorities, waiver, forgiveness or special permission mean the same.

For almost all situations that prevent the approval of a visa or a permanent residence card there is the possibility of requesting a waiver. But not for all. In addition, the applicant must personally meet the requirements requested by the waiver that applies to their home.

There are several types of waivers, each with its procedure, cost and delay time. It is essential to understand which one should be requested according to the type of case. It is possible that two waivers should be requested at the same time. For example, in cases where punishment is given for deportation and punishment for illegal presence at the same time.

To present the papers of a waiver it is highly advisable to hire the services of a good immigration lawyer, since it is a complex matter.

This article is informative. It is not legal advice for any specific case
What is a migration waiver and when can this forgiveness be requested? What is a migration waiver and when can this forgiveness be requested? Reviewed by Mr T on September 28, 2019 Rating: 5

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