Waivers and Certain “Out-of-Status” Relief


Waivers and Certain “Out-of-Status” Relief

We provide legal services, guidance, and assistance for individuals seeking waivers and specific relief for those currently considered “out-of-status.” Whether addressing issues related to overstays, visa violations, or other out-of-status scenarios, we offer comprehensive legal support to help clients pursue the necessary relief and resolve their immigration status.
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I-601A Stateside Provisional Unlawful Presence Waiver

This waiver is available to certain relatives of U.S. citizens and U.S. greencard-holders who are ineligible for adjustment of status due to unlawful presence in the United States, allowing them to apply for a provisional waiver before departing for consular processing of their immigrant visa application.

I-601 Inadmissibility / Fraud Waiver

The I-601 waiver is sought by individuals who are deemed inadmissible to the United States due to various reasons, including fraud or misrepresentation, criminal history, or health-related issues, allowing them to seek an exception from their inadmissibility and pursue lawful admission or immigration benefits.

J-1 Visa Two-Year Residency Requirement Waiver

Our law firm effectively achieves waiver of the two-year home residency requirement for J-1 visa holders by:

  1. securing a “No Objection” Statement from their home country government;
  2. proving there will be “exceptional hardship” to the J-1 visa holder’s U.S. citizen or U.S. lawful permanent resident spouse or child;
  3. proving that, upon return to their home country, the J-1 visa holder will be persecuted on the basis of race, religion, political opinion/affiliation and/or membership in a particular social group; or
  4. securing an interested government agency (IGA) / Conrad State 30 waiver.

Section 245(i) Adjustment of Status (the “LIFE Act”)

Allows certain individuals in the United States to apply for U.S. lawful permanent resident status without leaving the country, even if they entered unlawfully or violated their nonimmigrant status.

Section 245(k) Adjustment of Status

Provides certain individuals with the opportunity to adjust their immigration status to that of a U.S. lawful permanent resident despite certain employment-related violations or changes. This provision allows eligible individuals to apply for adjustment of status without being penalized for specific employment-related issues, enabling them to pursue U.S. lawful permanent residency within the United States.

“C-1/D-1” Crewman “Jump-Ship” Waiver and Solution

Many people unlawfully present inside the United States, as former C-1/D-1 visa holders – often referred to as “jump-ship” immigrants – are able to correct their immigration status through the stateside provisional unlawful presence waiver application process. Still others may not even need such a waiver to correct their immigration situation, because they are not, in fact, penalized as a “jump-ship” immigrant – even though they may have incorrectly thought so for many years. This solution exists for many because they do not understand the detailed technical aspects of C-1/D-1 visas. Instead, they incorrectly assume that merely because they held a C-1/D-1 visa in the past, that they are unable to correct their immigration status inside the U.S. now.

Child Status Protection Act Relief (the “CSPA”)

Provides relief to certain immigrant children who age out of eligibility for immigration benefits due to administrative delays or processing times. This important legislation ensures that children who were eligible for immigrant visas at the time their parents applied will still be considered children for immigration purposes, even if they reach the age of twenty-one (21) before they can obtain their visa.

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