Part of the immigration process is to show that the person applying for permanent residence is not "inadmissible". A person can be inadmissible for reasons related to their criminal background, health, financial, national security, and other grounds.
If a person is inadmissible, they maybe able to apply for forgiveness. This is done by submitting a waiver.
There are many requirements for immigration waivers. The burden of proof falls on the intending immigrant to show that they deserve a waiver and qualify for one. Not all individuals will qualify for a waiver. If you think or know that a waiver is required, it is highly advisable to retain the services of an attorney to help you with that process, and help you put your best case forward when submitting the waiver application.
We always take a very individualized approach with our clients and have helped many people acquire the right waiver they need to become permanent residents.
Provisional Waiver (I-601A)
When a waiver is needed, and you can not adjust status, the immigrant applying for residency usually has to submit the waiver in their home country and wait several months for a response. Some people may qualify to submit their waiver for unlawful presence before they leave the U.S. This is called the provisional waiver for unlawful presence or the I-601A. If your provisional waiver is approved your stay in your home country is usually less than 1 month, and can be as little as 1 week. Call us to see if you qualify for the I-601A provisional waiver.