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Provisional Waiver Immigration Attorney in New York City and Queens

Even if you may be otherwise inadmissible to the country, a knowledgeable and experienced New York immigration attorney at Orbach Rosenberg Law may be able to help you obtain a waiver of the grounds of inadmissibility, allowing you to obtain your immigrant visa, nonimmigrant visa, adjustment of status, or other immigration benefits.

I-601 Application for Waiver of Grounds of Inadmissibility

The process for obtaining a waiver includes filing a Form I-601 Application for Waiver of Grounds of Inadmissibility. This form must be filled out completely and accurately, and it must be accompanied by sufficient documentation to prove that any misrepresentation on your part was unintentional or that you don’t present a harm to society by your presence in the country.

The decision whether to grant a waiver is discretionary with USCIS. Your best chance of success involves having a skilled and knowledgeable immigration attorney assist you in preparing your application and representing you during its adjudication by USCIS and any appeals or motions that may follow. Orbach Rosenberg Law may be able to help you obtain a waiver of any of the following grounds of inadmissibility:

  • Criminal activity/criminal records
  • Prior deportation orders
  • Public dependency/public charge
  • Health-related issues (hepatitis c, tuberculosis)
  • Illegal entry
  • Misrepresentation on your application

Cancellation of Removal and Post-Removal Proceedings

If you have been in the U.S. for the past seven years and have not been convicted of an aggravated felony or crime of moral turpitude for which you were sentenced to five or more years in prison, or been convicted of certain drug crimes, crimes of moral turpitude or aggravated felonies, then we may be able to help you obtain cancellation of removal proceedings which have been brought against you. This process involves demonstrating that you deserve such relief, and that removal would cause a significant hardship to you or your family.

If you have already been removed, we can help you apply for reentry with an I-212 Application for Permission to Reapply for Admission.

Stay in the Country on a Provisional Waiver

If you are seeking lawful permanent residency in the U.S. based on an immediate relative petition, you may have been told that you must first return to your home country for your immigrant visa interview, which is a step in the consular immigrant visa process. However, you may be able to obtain a provisional waiver, allowing you to stay in the United States while your application is pending, which can cut down on the time you would have to be out of the country and away from your family. We can help you apply for a provisional waiver if you meet the following requirements:

  • You are the beneficiary of an approved immediate relative petition, which is filed by a U.S. citizen spouse, child or parent before you go abroad for your visa interview
  • You are 17 years old or older
  • You have a case currently pending with the Department of State, and you have paid the appropriate immigrant visa processing fee
  • You are not in removal proceedings or subject to a final order of removal
  • You can demonstrate extreme hardship to your immediate relative if you are denied a provisional waiver

Help for Your Waiver from a Qualified, Experienced New York Immigration Lawyer

For help with a waiver of the grounds of inadmissibility, cancellation of removal or reentry after removal, or a provisional waiver while your application is pending, get help from a qualified immigration attorney who can advise and assist you throughout the process. In New York City, contact Orbach Rosenberg Law for help from a knowledgeable and experienced New York immigration lawyer.

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