What is an immigration waiver?

An immigration waiver is needed in case you run afoul of immigration law in the US, specifically concerning “unlawful presence.” Unlawful presence is “the period of time when you are in the United States without being admitted or paroled or when you are not in a ‘period of stay authorized by the Secretary (of Homeland Security).’”

If you are deemed to have been in the US unlawfully, you may be barred from being admitted through the immigration process for a period of three years, ten years, or even a permanent ban on re-entry.

An immigration waiver is a petition to US Citizenship and Immigration Services for specific categories of non-residents – usually family members of lawful permanent residents – under specific circumstances such as unlawful presence. There are two available waivers: a provisional waiver and a normal waiver.
If you are subject to an unlawful presence ban, it is imperative that you retain legal counsel that will help you understand what is an extremely complex process. Albers Ross Law has many years of experience dealing with immigration waivers. Please contact us at your soonest convenience so we can help you sort out your status.