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An immigration waiver can refer to a permit, pardon, exemption, or exception.
However, an immigration waiver is a way in which an immigrant can amend some errors, crimes, or misdemeanors committed in the country.
In the immigration laws, there are waivers to remedy cases of inadmissibility, undocumented presence, fraud, illegal entry into the country, and others.
Through a waiver, a person can obtain an immigration benefit, i.e. Visa or a Green Card, that would be denied without it. However, if a person is denied non-immigrant study, work, tourism, investment visa or others due to inadmissibility, a waiver can remedy the situation and allow his/her to obtain a visa.
According to USCIS eligibility to apply for an immigration waiver depends on several factors, such as the availability of the waiver for the cause of inadmissibility, whether the applicant meets the requirements for the waiver, and whether discretion is warranted. These requirements must be met before USCIS can approve the waiver request. When the immigration officer receives the application, he/she will verify that they are fulfilled and will make a decision.
Finally, it is necessary to note that a waiver is a matter of discretion, which means that even when all the requirements are met, the final approval decision depends on the agency or person who has the authority to make that decision.
There are different requirements to apply for a waiver, and they depend mainly on the type of case to process. It is necessary to be clear about the type of fault committed
Additionally, it is necessary to be clear about the type of fault committed because each waiver has a different procedure, cost, and processing time.
For example, when someone applies for a Green Card, it may be denied for different reasons. Immigration laws determine several categories of inadmissibility that may cause a denial.
Health-related grounds, criminal, security and related reasons, public charge, illegal entry and presence, ineligibility, and fraud, are the most common.
For some of these cases, it is possible to request an immigration waiver.
To learn more, click above for a FREE consultation with the U.S. immigration attorneys of Aftalion Law Group.
The information on this website was written as advertising material and is intended for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an paralegal-client relationship.
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