Waivers: Unlawful Presence, Criminal Acts, Deportation & Removal

Waivers (also called pardons and fines) are commonly needed by individuals who entered the United States Illegally as a minor or young adult. Fast forward a few years or decades and then the conversation of becoming "legal" is raised.


For starters, ever case and fact pattern is different. An illegal entry in 1995 may have different treatment that an illegal entry in 2015. Entering with a family member's passport if fraud, but the treatment is different if it was a US Passport that was used or a Mexican Passport. Coming illegally in 1995, leaving in 1996, and returning illegally in 2006 is different than if the return occurred illegally in 2007. To reiterate, every case is different and the FACTS MATTER.


What sets our office apart from other immigration law firms?


Our office has nearly a decade of experience in Humanitarian Immigration, both civilian-based and military-based. Humanitarian immigration is unique, in that it requires "hardship" to be clearly established in order to be eligible. For Waivers, such as the I-601A and I-601, Extreme Hardship must be established. Humanitarian immigration requires a wide range of hardship, from ordinary to exceptional to urgent to severe to extreme. This experience has forced our law firm to remain up-to-date on immigration trends and to seek out all necessary "extreme hardship" elements of a case (before it is ever started). In other words, we aim to make sure eligibility exists before taking a case, relying on our hundreds of cases of experience, and not sugar-coating the process, necessary documents, timelines, and costs.


Common Ineligibilities:


Whether by overstaying a visa or entering the United States illegally, unlawful presence may complicate someone’s immigration options. Apart from the risk of deportation, an immigrant in unlawful presence may face a 3 year bar, 10 year bar, or permanent bar from returning to the United States. Meaning, if deported or denied/refused immigration documents, an immigrant who has unlawful presence will normally be prohibited from returning to the United States for 3 years, 10 years, or longer.


Similarly, criminal acts may prevent an adjustment of status, if the immigrant is in the United States, or prohibit consular processing where the immigrant is abroad or must go abroad due to an illegal entry.


Common Waiver Topics can be seen here:

Summary of Consular Processing with I-601A Waiver filing (Most Common Scenario):

Petition Phase

The I-130 Petition begins any family-based/marriage-based immigration process. It is the process where the US Citizen or Lawful Permanent Resident asks the US Government to make a Green Card available for someone else (spouse, parent, step-parent, child, step-child, or sibling).

Check out the type of documents the I-130 Requires for Marriage Filings

The DS-260 Visa Application and I-864 Affidavit of Support

This Filing is transferred to and managed by the NVC or National Visa Center. The NVC is completely electronic, and does a phonominal processing of the immigration files.

Summary found here1

The Longest and Most Difficult Part:

Extreme Hardship is the requirement for ANY I-601A filing. USCIS handles this filing and will require extreme situations of:

- Financial hardship

- Emotional hardship

- Psychological Hardship

- Medical Hardship

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Interview Preparation

The Interview is the most stressful and riskiest part of the immigration process. Highly highly recommended to consult with an Immigration attorney before exiting the United States.

Consular Interview Preparation Guide

Complete the Immigration Process

The Hard Parts a done at this point in the process. 


Returning is easy, receiving the green card in the mailbox is easy, and starting the timeline to become a US Citizen 3-5 years later is generally the next goal.

Common Questions:

  • Do DACA Recipients need a Waiver for Consular Processing?

    Maybe! 


    If DACA was received PRIOR to the 18th birth day, the Renewals were timely an no more than 179 days of no "status" occurred between DACA Renewals, and there were no crimes, inadmissibilities, or multiple illegal entries, an I-601A Waiver may not be needed.


    To the Contrary, if DACA was received AFTER the 18th Birthday or 180 days or more occurred between DACA Renewals, a waiver would be needed.

    More Info for DACA Here

  • Can I be approved a Waiver, but denied a Green Card?

    Yes! Not every inadmissibility can receive a waiver. Screening eligibility is important.

    Contact Us

  • How quick or slow is the process?

    SLOW!


    There are instances were a case can be expedited at USCIS or NVC or DOS, but that are rare occassions. Normal processing time can usually be seen at USCIS's processing time tool:


    https://egov.uscis.gov/processing-times/#mainContent


    The main forms are: I-130, I-601A, I-601, an I-212.

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Costs:


Below are our fees for common waivers. If you do not see exactly what is needed to meet your needs, please contact us.

Case Type Attorney Fee Estimated Processing Fee & associated costs When would this filing be used by our law firm?
Provisional I-601A $6500-$9500 $795 You have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate, and you have accrued unlawful presence.
I-601 $6500-$9500 $1015 You have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate, and you have accrued unlawful presence or committed a crime requiring the I-601 Waiver. OR You qualify for Adjustment of Status and need a waiver to overcome a Crime or other Immigration Violation.
I-212 $6500-$9500 $1175 You have a Deportation or Removal Order, and you have to receive your Immigrant Visa / Green Card outside of the United States, at the Consulate.
Consular Processing (Step-one and Step-two) $6700 $1305 This process is recommended where a spouse, minor child, or parent is outside of the US. If they are located inside the US, and undocumented, this process may or may not be available. Specific details are needed to determine eligibility. Consular Process is a fundamental way to enter the United States legally. Prior Illegal entry or entries into the US can remove eligibility.
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