Houston Immigration Waivers Lawyer

Helping Hopeful Immigrants Obtain All Types of Waivers Nationwide

Not everyone is eligible to apply for a visa or admission into the U.S. If you are somehow denied entry or eligibility, you have several types of waiver forms available that can help you overcome these hurdles. The Law Office of Ivan Neel can take a look at your immigration situation to determine what waiver you should apply for. The firm handles all types of waivers, from waivers of inadmissibility on the grounds of criminal conviction and deportation to waivers of unlawful presence.

Contact the Law Office of Ivan Neel for more information on the types of immigration waivers available to you.

Waivers of Inadmissibility

There are many types of waivers available to you, depending on your situation. Some important types of waivers of inadmissibility include:

  • Immigration and Nationality Act (INA) 212(d)(3): Waiver of Inadmissibility for Non-Immigrants – This waiver is for foreign nationals who are applying for a nonimmigrant visa at a consular post abroad or for those applying for admission to the U.S. as a nonimmigrant at a port of entry. 
  • INA 212(a)(1): Waiver of Inadmissibility, Health-Related Grounds – This extends to foreign nationals with communicable diseases of significant public interest, those with certain mental or physical conditions, and those who fail to obtain required vaccines.
  • 212(c): Waiver to Avoid Deportation After a Criminal Conviction – This is available to lawful permanent residents who temporarily went abroad on their own (not under an order of deportation) and who are returning to a “lawful unrelinquished domicile” of 7 consecutive years. Eligible individuals are those who were not convicted of aggravated felonies that required 5 years in prison.
  • 212(h): Waiver of Inadmissibility for Criminal Acts – This can be used for various criminal grounds of inadmissibility depending on the ground of inadmissibility, the date of the conviction, the status of the applicant, and any concurrent application for relief.
  • 237(a)(1)(h): Humanitarian Waiver, or Relief from Removal – This waiver resolves any underlying ground of inadmissibility directly resulting from fraud or misrepresentation when the alien applied for an immigrant visa or adjustment of status. To qualify for this waiver, the alien must have a qualifying relative, must have possessed an immigrant visa or equivalent, and must have been otherwise admissible at the time.

Waivers of inadmissibility can be confusing to understand without the competent and professional advice of an experienced lawyer. Mr. Neel can explain your legal options to you and help you make a confident decision about which waiver of inadmissibility you need for your situation.

Unlawful Presence Waiver

There is also the I-601A Unlawful Presence Waiver, which is for aliens who resided unlawfully in the U.S. for a year or more. In general, the law upholds that a foreign citizen is deemed inadmissible to the U.S. if:

  • The alien (not a lawful permanent resident) was unlawfully present in the U.S. for more than 180 days but less than 1 year;
  • They voluntarily departed or were removed from the U.S.; and 
  • They seek admission to the U.S. within 3 years of the date of their departure or removal (referred to by some as the “3-year bar”).

Similarly, any alien who has been unlawfully present in the U.S. for a year or more and who again seeks admission within 10 years of the date of their departure or removal is also deemed inadmissible (the “10-year bar”).

What the Unlawful Presence Waiver does, however, is waive the respective 3- and 10-year bars for foreign nationals who are the spouse, son, or daughter of a U.S. citizen or lawful permanent resident if the foreign national can show extreme hardship for not being admitted.

Asylees and refugees who are unlawfully present may also seek Unlawful Presence Waivers for humanitarian reasons, to obtain family unity, or for the public interest.

If you are looking to apply for an immigration waiver in Houston, do not hesitate to contact the Law Office of Ivan Neel for legal help. Mr. Neel has years of experience helping clients all across the country apply for waivers to overcome obstacles to their visa eligibility and removal motions. Let a professional explain your legal options and help you apply for the right waiver for your situation.

Contact the Law Office of Ivan Neel for informed guidance today.


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