Waivers of Inadmissibility and Deportability:

If an immigration agency has told you that you are ineligible to get lawful immigration status or that you are deportable from the United States, our DC immigration attorneys may be able to help you apply for a waiver of inadmissibility or deportability. Waiver applications are very complicated and require a lot of evidence, but our experienced immigration lawyers at Benach Collopy can help you at every step of the way.

Provisional Waivers of Unlawful Presence:

Normally, someone who enters the United States unlawfully or who has lived here without status for more than 6 months is unable to get lawful immigration status without leaving the country and serving a 3-year or 10-year penalty abroad. However, some people qualify for a waiver of this penalty, called an I-601A provisional waiver. You may be able to obtain an I-601A provisional waiver if:

  • Someone has petitioned for you to receive an immigrant visa and that petition has been approved;
  • Your spouse or your parent is a U.S. citizen or green card holder;
  • Your spouse or parent would suffer extreme hardship if you could not remain in the United States with them;
  • You do not have any other immigration issues that would make you ineligible for lawful immigration status; and
  • You do not have a pending immigration court case or a deportation order.

The I-601A Provisional Waiver, once approved, allows an individual to return to their home country and seek an immigrant visa without being subjected to the ten year bar.

Fraud and Criminal Waivers:

If you have certain criminal convictions, if you have ever been accused of fraud, or if you have been told that there are other reasons that you are not eligible for legal immigration status, you may need a type of waiver called an I-601 waiver of inadmissibility. These waivers are often sought in connection with a green card application or a visa application abroad. While not every type of conviction or fraud is eligible for a waiver, our experienced DC immigration lawyers can help you determine whether an I-601 waiver would help you get lawful status. An I-601 waiver may be available if:

  • You have a spouse or parent (or child, in some cases) who will suffer extreme hardship if you cannot remain in the United States.
  • More than 15 years have passed since the issue that has prevented you from obtaining lawful status and you have been rehabilitated.
  • You are seeking lawful status under the Violence Against Women Act.

Waivers for Non-Immigrant Visas:

Our DC immigration lawyers may also be able to help if you have been told that you are ineligible for a non-immigrant visa. There is a waiver called a 212(d)(3) waiver, also known as a Hranka waiver, which allows U.S. consulates to issue non-immigrant visas (like tourist visas, student visas, exchange visas, and temporary employment visas) to people even if they would normally not be eligible. Navigating the process of filing this type of visa with the U.S. consulate can be very complicated, but the immigration attorneys at Benach Collopy have many years of experience dealing with consulates around the world and fighting for our clients to be able to come to the United States.

Benach Collopy has successfully obtained several provisional waivers since the program went into effect in March 2013. Please contact us to discuss your eligibility for the provisional waiver in the DC area.

Benach Collopy

Benach Collopy N/a
4530 Wisconsin Ave NW
Suite 400

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