This is a remedy that seeks to amend inappropriate behavior in relation to immigration laws before the authorities. This resource is varied according to the nature of the offense committed, and may eventually become an exception. However, it is necessary to clarify that even in cases where all the requirements are met, the final decision on its approval will depend exclusively on the representative of the entity in charge of making the decision.

What does the Government base on its decision to approve or deny a Waiver?

The Waiver will be approved to anyone who can demonstrate that their possible deportation to their country of origin (if the person is in the US), or the denial of re-entry to the US (if the person is in another country other than the US), could cause extreme harm to a close relative (parents, spouse, or children) who are US citizens or legal permanent residents.

The Government will take these factors into account in making that decision:

What are the faults that could be ``forgiven`` through this process?

The most common are:

  • Entry without inspection (illegal entry) into the US.
  • Having stayed in the US longer than allowed.
  • Having a deportation order.
  • Failure to comply with a voluntary departure.

Among the different types of Waiver, the most common are:

  • To obtain a Nonimmigrant Visa.
  • To obtain a Green Card.
  • To obtain an Exchange Visa.
  • To enter for business purposes.

Due to its nature, the Waiver is a difficult resource to obtain, which requires not only patience but experience, since it is common for the process to take long, for which it is recommended to have good legal representation that, due to their experience, may have the ability enough to prepare the case.

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