A guide

4 Useful Tips for Your Immigration Waiver

Here are 4 useful waiver tips to improve your green card or citizenship immigration success rate and avoid delays. If you are applying for an immigrant visa, green card or other immigration application, you may sometimes need a waiver.

What is a Waiver?

A waiver is an application asking the US Citizenship and Immigration Service (USCIS) to forgive a problem that would stop you from getting a green card, visa, or to stop deportation. It is a very useful immigration tool and as a result, it is important to submit a well-prepared application and have a lot of good documents to show that you deserve a waiver.

Different Waivers for Different Immigration Problems

There are different waivers for different immigration problems including overstay, fraud, misrepresentation, criminal convictions, alien smuggling, sham marriages, illegal entries, inadmissibility, unlawful presence and more. There are also different application forms and procedures for these waivers.

When Should I Apply for a Waiver?

The time to apply for a waiver may be before, during or sometimes even after your immigration application process starts. The USCIS may have a timeframe or deadline for when you should apply for a waiver so it is a good idea to review their instructions, if there are any. If there is no clear timeframe, speak to your attorney about the best time to apply.

Remember that your immigration application may be denied if you do not file for your waiver within the deadline or with the requested information.

Also, filing late can sometimes delay your immigration application where the USCIS will not continue processing the application until they receive the complete waiver petition.

Important Tips for your Green Card or Citizenship Waiver

Here are some important tips for any type of waiver you need for your green card, citizenship, or other immigration case:

  1. Apply for the right waiver for your case: Apply for the right waiver and use the correct application form for your case. Don’t apply for your waiver because of what your friend used in his case. Remember that every case is different, and one small reason can make your case very different in the eyes of the USCIS. 
2. Make sure you qualify for the waiver: To make sure that you qualify, first answer the following questions:
  • Have you been convicted of a disqualifying crime? (Some crimes will disqualify you from a waiver)
  • Are you applying within the proper filing timeframe? 
  • Have you applied for that waiver before? If you have applied for that waiver before, check with your attorney to see if you can apply for it a second time. 
  • Can you satisfy the USCIS requirements in the application instructions?

If you have a criminal history or bad record, lying about it or ignoring it may make the problem worse. It is sometimes better to show that you are sorry and have changed your criminal or bad behavior.

3. Submit the Required Documents

You should submit the required documents and necessary information you need for your type of waiver. Submitting the proper supporting documents with your application will reduce delays and denials of your application. 

Waivers Approvals are Discretionary.

Please remember that a waiver approval is discretionary. This means that even if you meet the requirements, the immigration officer or judge can still to say no to your request. Your job is to show that you deserve a favorable decision for your application and give them a good reason to say yes and not no.

Finally, get legal help or advice.

Get help, or legal advice at the very least, from an experienced immigration lawyer who can review your case and give you advice. For example, your lawyer can tell you about the right waiver for your problem, the type of documents you should include and the best way to present your case to the USCIS. 

With these tips listed above you will improve your chances of a successful immigration application and move closer to a happy conclusion of your case.

Thank you for reading this article. If you have questions about your case or need our help, please contact our immigration lawyer, Attorney Doreen at (626) 256 8500. www.emenikelaw.com

Related reading: Keeping Your Green Card After Marriage Fraud or Misrepresentation With a 237 (a)1)(H) waiver

About the author

Doreen Emenike is an immigration lawyer with over 20 years of experience. She helps people live in the U.S. legally and works at the Law Offices of Doreen A. Emenike.

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