Can I qualify for a green card if I entered the United States without permission and am living in the U.S. unlawfully?

Many persons qualify for a waiver under these circumstances (Form I-601A).

When do I need to apply for a provisional unlawful presence waiver?

The best time to file the waiver is as soon as the family petition is approved and the green card case begins. The provisional unlawful presence waiver needs to be submitted and approved before you depart the United States for an interview in your home country.

How does the government decide if someone can get a provisional waiver for unlawful presence?

The government considers whether your U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship if you are separated or if they have to leave the United States to be with you. Although it is a high standard, it can be overcome through careful documentation of the hardship to your family member.

If I need a provisional waiver for unlawful presence, how long will I need to be outside of the United States for my interview in my home country?

The majority of the process is completed in the United States, and the provisional waiver is approved before you leave for your interview. If everything is prepared well in your case, you will only need to leave the U.S. for approximately 1-2 weeks for your interview.

What other types of waivers are available during the immigration process?

Some of the most common additional types of waivers are for bringing family members into the country unlawfully (which immigration officials consider as smuggling), misrepresenting information to immigration officials, criminal convictions, and prior removal orders.

Waivers

Home / Practice Areas / Family & Individual Immigration Law / Waivers

New Mexico Waiver Attorneys

A single legal barrier can stand between you and the life you’re working to build. Maybe an unexpected finding of inadmissibility surfaced during your case. Maybe a past mistake, an old offense, or time spent outside the country now threatens to keep you apart from the people you love. In situations like these, an immigration waiver may offer you a path forward.

Adjudicators read waiver applications all day, spending roughly 40 minutes deciding whether or not to grant yours. How do you make your case stand out in that short window? The key is telling your story in a concise, compelling way that speaks directly to the factors USCIS considers most important. At Vrapi Weeks, our attorneys create strong waiver applications for our clients that highlight each person’s individual story. If you need a waiver, schedule a consultation with one of our experienced attorneys so that we can help you maximize your chances of approval.

Who We Help

Our firm is prepared to support you through whatever the waiver process looks like for you. We help:

Applicants blindsided by an inadmissibility finding who just learned that a legal barrier stands in the way.
Applicants afraid to leave the U.S. for a consular interview who fear that departing could trigger a lengthy reentry bar.
Applicants accused of fraud or misrepresentation who believe a past application, interview, or entry was misunderstood.
Applicants with a past arrest or conviction that has resurfaced in a visa or green card case.
Applicants unsure how to prove extreme hardship who need help documenting the full health, financial, and caregiving impact separation would have on a qualifying family member.
Applicants whose waiver was questioned or denied who received an RFE, notice of intent to deny, or final denial.

No matter the complexity of your case, a thoughtful strategy and experienced guidance can make all the difference in the outcome.

What Is an Immigration Waiver?

An immigration waiver is a formal request to forgive certain grounds of inadmissibility or other issues that may prevent you from obtaining a visa, residency, or other immigration benefits. These waivers are essential for people who face barriers due to past immigration history, medical conditions, or other circumstances.

Common types of immigration waivers include:

I-601 waiver for unlawful presence, fraud, or misrepresentation
I-601A provisional waiver for unlawful presence
I-212 waiver for a prior deportation or removal order
J-1 waivers, including no objection waivers, Conrad 30 and HHS waivers for physicians, Interested Government Agency (IGA) waivers, and hardship and persecution waivers
National Interest Waivers (NIW), which allow certain individuals to bypass a job offer and labor certification if their work benefits the United States

Each waiver type addresses specific legal challenges. Successfully obtaining one requires a thorough understanding of the law, the right evidence, and a clear picture of your unique circumstances.

How Vrapi Weeks Can Help

Our team works with you to gather all necessary evidence and build a strong narrative that highlights your strengths and shows how they meet the legal standard for the waiver you’re seeking. We make sure every form is completed accurately and submitted on time.

Beyond preparing your application, we provide ongoing support throughout the adjudication process. That includes responding to any requests for additional evidence or information from USCIS until your approval is in hand. With our insight, dedication, and personalized approach, we will do everything we can to help you achieve a successful outcome.

Our Process, Step by Step

Schedule a consultation. We meet with you to listen to your story and brainstorm strategies that highlight your specific strengths.
We prepare your waiver. After receiving your documents, we build your application around the factors USCIS considers most important.
We submit and monitor. We file your application with USCIS and track its progress.
We respond to requests for evidence. If USCIS asks for more information, we provide strategic advice and help you prepare a strong response.
We guide your next steps. Once a decision is made, we inform you right away and plan the path forward, whether that means celebrating an approval or strategizing a refiling or appeal.

Why Choose Our Firm?

A Proven Legal Team – We’ve helped countless clients secure waivers and know how to tell your story in the short window adjudicators have to decide.
Experience With Various Waiver Types – From I-601 and I-601A to I-212, J-1, and National Interest Waivers, we handle a wide range of cases.
Strategy Built Around USCIS Priorities – We build your application intentionally to strengthen your chances of approval.
Support From Start to Finish – We walk with you through filing, requests for evidence, and the final decision.
Clear, Ongoing Communication – We keep you informed and involved at every stage of your case.

Committed to Helping You Find a Path Forward

At Vrapi Weeks, we understand the importance of your immigration waiver and how it can impact your life and future. That’s why we are committed to providing strategic advice, personalized attention, and unwavering support during the entire process.

If you or a loved one is in need of an immigration waiver, schedule a consultation to talk with our team at Vrapi Weeks. Our experienced attorneys are here to support and guide you through every obstacle and challenge your case may face.

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Trusted Guidance Through
The Immigration Process

Trusted Guidance Through
The Immigration Process

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Provide us with your information and documents
We take care of the rest

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Frequently Asked Questions

What does it mean to be "inadmissible"?

Inadmissibility means a specific legal ground is blocking you from receiving a visa, green card, or entry to the United States. Common grounds include unlawful presence, certain criminal issues, or a finding of fraud or misrepresentation. A waiver asks the government to forgive that ground so your case can move forward, though it’s important to note that not every ground can be waived.

How long does the waiver process take?

Timelines vary depending on the type of waiver, your specific circumstances, and current USCIS processing times. Some waivers move faster than others, and requests for additional evidence can add time.

What is "extreme hardship," and why does it matter?

Many waivers require you to show that a qualifying family member would suffer extreme hardship if you were denied. Everyday emotional difficulty is often not enough on its own. Health needs, financial dependence, caregiving responsibilities, and the challenges of relocating can often support this finding.

Do I need to leave the United States to apply for a waiver?

It depends on the waiver and your circumstances. Some waivers, like the I-601A provisional waiver, are designed to reduce the time families spend apart by allowing you to seek approval before departing for a consular interview. We’ll help you understand which path applies to you and how to minimize the risk of separation.

What happens if my waiver is denied or I receive a Request for Evidence?

A Request for Evidence means USCIS needs more information from you before deciding, and a denial may still leave options such as refiling or an appeal. An attorney can review what happened, identify what may have been missing, and help you decide on the strongest next step.