Immigration Waivers
10-Year Waiver
A 10-Year Waiver commonly refers to a waiver connected to the 10-year unlawful presence bar. U.S. Citizenship and Immigration Services (USCIS) explains that unlawful presence may make a person inadmissible if they were present in the United States without being admitted or paroled, or after their authorized stay expired. Certain people who leave the United States after accruing unlawful presence may trigger a three-year or 10-year bar from returning.
For eligible immigrant visa applicants, a provisional unlawful presence waiver may allow the person to request a waiver before leaving the United States for a consular interview. USCIS states that Form I-601A is used by certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents to request a provisional waiver of the unlawful presence ground of inadmissibility before departing for an immigrant visa interview abroad.
10-Year Waiver services may include:
- Reviewing unlawful presence history
- Determining whether the three-year or 10-year bar may apply
- Reviewing eligibility for Form I-601A or Form I-601
- Identifying qualifying relatives
- Gathering hardship evidence
- Preparing declarations and supporting documentation
- Reviewing consular processing risks
- Responding to USCIS notices or requests for evidence
Santana Residency Law helps clients understand whether an unlawful presence waiver may be available and how the waiver process fits into their larger immigration strategy. Because unlawful presence, departure from the United States, consular processing, and hardship evidence can affect the outcome, legal guidance is especially important before taking action.
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10-Year Waiver
Fraud Waiver
A Fraud Waiver may be available to certain applicants who are found inadmissible because of fraud or willful misrepresentation. USCIS explains that an applicant may be inadmissible if they obtained, or tried to obtain, an immigration benefit through fraud or willful misrepresentation of a material fact.
USCIS guidance also explains that a person inadmissible for fraud or willful misrepresentation may be eligible for a waiver if they meet the legal requirements, including showing that denial of admission or removal would result in extreme hardship to a qualifying relative and that the case deserves a favorable exercise of discretion.
Fraud Waiver services may include:
- Reviewing the alleged fraud or misrepresentation issue
- Identifying when and where the issue occurred
- Reviewing visa applications, immigration filings, or government records
- Determining whether a qualifying relative exists
- Gathering extreme hardship evidence
- Preparing Form I-601, when applicable
- Preparing client declarations and supporting exhibits
- Addressing credibility concerns and legal arguments
- Responding to USCIS, consular, or immigration court concerns
Santana Residency Law helps clients facing fraud or misrepresentation issues understand the risks, waiver requirements, and evidence needed to support the case. These waivers are highly fact-specific, and a strong filing should clearly explain both the legal eligibility and the human hardship involved.
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Fraud Waiver
Criminal Waiver
A Criminal Waiver may be available in certain immigration cases where a person is found inadmissible because of criminal or related grounds. USCIS identifies criminal and related grounds of inadmissibility as part of its waiver guidance and explains that Form I-601 is used by certain applicants who are inadmissible and seeking an immigrant visa, Adjustment of Status, certain nonimmigrant statuses, or certain other immigration benefits.
Criminal immigration issues require careful analysis because not every criminal ground can be waived, and eligibility depends on the offense, the date of the conduct, the immigration benefit being requested, rehabilitation, hardship, and the person’s full immigration history. USCIS Form I-601 instructions explain that individuals who are ineligible to be admitted as immigrants, adjust status, or seek certain nonimmigrant benefits may use the form to request a waiver of certain inadmissibility grounds.
Criminal Waiver services may include:
- Reviewing criminal court records
- Identifying the immigration consequences of the offense
- Determining whether a waiver may be available
- Reviewing eligibility for Form I-601
- Gathering hardship, rehabilitation, and positive-equity evidence
- Preparing declarations and legal arguments
- Organizing certified dispositions and court documents
- Addressing USCIS, consular, or immigration court concerns
- Advising on risks before filing a new immigration application
Santana Residency Law helps clients with criminal inadmissibility concerns understand their options and prepare waiver filings when available. Because criminal history can seriously affect immigration eligibility, each case should be reviewed carefully before filing with USCIS, attending a consular interview, or moving forward in immigration court.
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