Who can Request a Wavier for my Immigration Case?

Before answering the question posted, it is important to briefly touch on who needs a waiver. As written in previous publications here, generally, people who are required to attend their immigration interview abroad need to apply for a waiver either before or after their interview.

Therefore, if you have an immigration interview abroad and, for example,

  • you have lived illegally in the United States,
  • have committed fraud when applying for a tourist visa, for example, or
  • have committed certain crimes, among other things, you will need to apply for a waiver.

If you are a person who needs to apply for a waiver, there are only two types of family members who can help you qualify: spouses or parents who are either Legal Permanent Residents or United States citizens. For example, if your son is petitioning you, he will not be eligible to help you obtain a waiver, unless you have a spouse or parent who is a Legal Permanent Resident or United States citizen. Please visit an immigration specialist who can assist you on these matters.

Exceptions

There are some exceptions about who can serve as your qualifying family member when requesting a waiver.

VAWA: If someone is applying under VAWA, for example, that petitioner, the victim, can serve as her or his own qualifying relative. A VAWA victim, therefore, does not need a spouse or parent who is a Legal Permanent Resident or United States citizen.

U VISA: Another example, are people applying under the U visa where a waiver is also required, but a qualifying family member is not needed.

Simply applying for a waiver is no guarantee that you will be approved. Applying for a waiver is a long and complicated procedure, we recommend you consult an immigration specialist.

Regardless of your immigration history, we recommend getting a consultation with an immigration attorney who can guide you through the complicated process.

IF you would like to make an appointment please contact us at 619-662-2170

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