What Is a Waiver?

document-428331_640People often have come to me because they need a waiver, and they’re not exactly sure what a waiver is. A waiver dismisses a ground of inadmissibility. What that means is if you’re applying for a green card or a non-immigrant visa, and you are inadmissible to the United States because of some problem you’ve had in the past, then Immigration is going to require you to apply for a waiver.

If you’re applying for a waiver in the immigrant context, meaning that you’re applying for a green card, then only certain people can apply for waivers. It all depends on what you need to demonstrate for the waiver or why you are inadmissible. If you are inadmissible for a criminal conviction, then a waiver is a lot broader than somebody who is inadmissible for fraud or somebody who is inadmissible for the three- and ten-year bar. That is that they were in the United States illegally and left the United States after being here for more than a year. Then they’re triggering a ten-year bar and would need a waiver.

A waiver is actually waiving the ground of inadmissibility. Essentially, asking for permission to come into the United States after proving it’s a hardship to a qualifying member, and demonstrating to the Immigration Service that it would be proper in their discretion to allow you to remain or come into the country.

The Law Office of Cheryl David is experienced in immigration law throughout NYC. If you have questions regarding what a waiver is, whether you qualify for a waiver or how to apply for a waiver, please contact the office, and we would be happy to assist you.