Immigration Law Blog: Waivers

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The 3- and 10-year Bars to Re-admission to the United States

July 9, 2020

The 3- and 10-year bars to re-admission to the United States

The 3- and 10-year bars were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), the statute imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States and subsequently depart. The bar takes effect...

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Misrepresentation Guidance Tightens and Creates Implications Beyond the Obvious

December 15, 2017

Misrepresentation guidance tightens and creates implications beyond the obvious

There are a myriad number of reasons that a person may be found inadmissible to the United States. The grounds of inadmissibility apply to both temporary and permanent visa applicants Waivers may be available for some of these grounds, but you would rather not need to avail yourself of a waiver. Some waivers require that you prove...

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Provisional Waiver Program: the Expansion Explained

August 3, 2016

Provisional Waiver Program: the expansion explained

A reform of the Provisional Waiver Program will go into effect on August 29, 2016, enlarging considerably the range of Applicants eligible for the Provisional Waiver Program. This Program allows applicants whose I-130 Petition was approved to apply for a waiver of their inadmissibility while still on the American soil....

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What is a § 237(a)(1)(H) Waiver?

July 30, 2015

What is a § 237(a)(1)(H) Waiver?

The § 237(a)(1)(H) waiver is a humanitarian waiver created by Congress for certain deportable lawful permanent residents with a qualifying relative. It is a form of relief from removal (deportation). It provides a discretionary waiver for certain misrepresentations and fraud at the time of admission....

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