Immigration Waivers in Phoenix, Arizona
Many people who could otherwise get a green card face an obstacle: a ground of inadmissibility, such as having lived in the United States without permission, a prior deportation or certain criminal history. In some cases, the law allows a person to request a waiver. Attorney Claudia P. López helps evaluate whether a waiver is possible and prepare a strong application, in English or Spanish.
The 3- and 10-year bars
A person who accumulated more than 180 days of unlawful presence and then leaves the United States may be barred for 3 years. If they accumulated one year or more, the bar can be 10 years. These bars are triggered by leaving the country, for example to attend a consular interview.
Most common types of waivers
I-601A provisional waiver: allows certain people to request a waiver of unlawful presence before leaving the United States for their consular interview, reducing the time families are separated. It only covers the 3- and 10-year unlawful presence bars.
I-601 waiver: covers several grounds of inadmissibility, such as unlawful presence, certain crimes, or fraud or misrepresentation, depending on the case.
I-212 permission to reapply: for people who were deported or removed and want to return lawfully.
I-192 waiver: used in certain nonimmigrant visa cases, such as the U visa.
Extreme hardship
Unlawful presence waivers (I-601A and I-601) generally require showing that a U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if the waiver were denied. Family, medical, financial and educational factors and country conditions, among others, can be considered.
How the process works
Complete review of your history: entries, departures, deportations and criminal history.
An approved family petition (for example, I-130), when applicable. See green card.
Preparing the waiver with evidence of extreme hardship: statements, medical and financial documents, and more.
USCIS decision and, if approved, the consular interview (for many Mexican applicants, in Ciudad Juárez).
Frequently asked questions
Can everyone apply for a waiver?
No. Some situations cannot be resolved with an I-601A or I-601 waiver, such as the so-called permanent bar for certain people who reentered or tried to reenter without permission after a deportation or after more than a year of unlawful presence. That is why it is very important to review your history before leaving the country.
Do my U.S. citizen children count as a qualifying relative?
For unlawful presence waivers, generally no; the qualifying relative is a U.S. citizen or permanent resident spouse or parent. However, the impact on the children can be considered as part of the hardship to the qualifying relative.
I have a deportation order. Can I apply for the I-601A?
It may be necessary to resolve the order first or file other forms, such as the I-212. If you have a case in immigration court, see deportation defense.
Serving Phoenix and all of Arizona
Our office is located at 2323 N 3rd St #203, Phoenix, AZ 85004. We offer phone consultations in English and Spanish.
Official sources
This information is general and is not legal advice. Immigration laws and policies change frequently; every case depends on its own facts.