Waivers
A non-citizen seeking to enter, or remain in the United States legally is generally required to hold a valid visa. However, in some situations the person is not eligible for any visas. The person might, however, be eligible for a waiver. There are many different types of waivers; eligibility is very fact-specific. If you, or someone you know, would like to apply for a waiver, please contact Frontera Law. The application process is very complex. Our attorneys will help you consider all your options and guide you through the application process.
The waivers we most commonly deal with at Frontera Law are: Inadmissibility Waivers, Removal of Conditions Waivers, and Removal Proceedings Waivers but we have significant experience with all types.
Inadmissibility Waivers
- Health-related grounds (such as having a communicable disease of public health significance);
- Certain criminal convictions;
- Immigration fraud and misrepresentation;
- Membership in a totalitarian party;
- Human trafficking;
- Being subject to a civil penalty;
- A 3-year or 10-year bar due to previous unlawful presence in the U.S.
In many cases, inadmissible individuals may apply for waivers in order to then be eligible for a Green Card. The requirements and eligibility for a waiver will vary depending upon which type of inadmissibility applies. The forms for the waiver applications are extremely fact-specific to each case, and an attorney should be consulted for help with this process.
The inadmissibility waiver application and review process takes approximately 12 months. However, there may be delays extending the application time, so an exact date or official estimate of time cannot be given.
Removal of Conditions Waiver
If you marry a U.S. Citizen or permanent resident and apply for a green card within two years of the wedding date, you will receive a Green Card that is valid for two years. Your status becomes that of a conditional U.S. resident and your Green Card is only valid as long as you remain married.
Yes, you must apply to remove conditions within 90 days of the expiration of your Green Card. Note that your application will be denied if it’s filed before the 90-day window, or if it’s filed after the 90-day window passees. If your application is approved, you will become a “Lawful Permanent Resident” (LPR) and receive a 10-year Green Card.
- Both spouses will need to complete the form together.
- You must provide evidence that your marriage is real, such as recent photos together, joint financial documentation, etc.
- You must also submit a copy of the front and back of your conditional Green Card.
If you get a divorce while on a “conditional” Green Card, you can still apply to remove the conditions and get a permanent resident card. However, you will need to prove that you entered the marriage in good faith and that the marriage was not for immigration purposes.
Yes, you can file for a Removal of Conditions waiver without your spouse if they are deceased.
There are various different applicable circumstances. In addition to cases of divorce and widowing, you may file for a removal of conditions waiver without your spouse if you and/or your conditional resident child are survivors of physical or emotional abuse.
Removal Proceedings Waivers
If you are facing removal from the U.S. and are deemed ineligible for legal status, you may apply for a waiver for certain criminal conduct and misrepresentations. Reasons for removability include violating status, not possessing registered documents, and unlawfully voting.
