Atlanta Immigration Waiver Lawyers Overcoming Barriers To The US
Hearing the word “inadmissible” can feel devastating, especially when your family and career are in the United States. Regardless of how hopeless the situation seems, in many cases there is a solution: an immigration waiver.
Since 1958, the knowledgeable and compassionate team at Spar & Bernstein has been helping people across Georgia obtain waivers of inadmissibility and continue their immigration journey.
Why Choose Our Immigration Waiver Attorneys In Atlanta?
With Spar & Bernstein, you’ll never feel alone during these most difficult times in your life.
Our Atlanta immigration waiver attorneys will listen to your story, explain which waiver fits your circumstances, prepare and file the required forms, and help build a strong case to protect your future in the U.S.
Plus, they will represent you before USCIS, consular offices, and immigration courts.
Understanding Immigration Waivers
An immigration waiver allows you to ask the U.S. government to “forgive” a reason that makes you ineligible to enter the country, apply for a visa, or secure a Green Card.
A waiver doesn’t make the issue disappear but it helps you continue your process if you meet the eligibility criteria.
Who Decides If You Are Inadmissible?
Depending on your situation, you may be declared inadmissible by different officials. For example, USCIS officers deciding cases for applicants inside the U.S., consular officers working on visa applications abroad, or Customs And Border Protection (CBP) officers checking your documents at airports or border crossings.
Being declared inadmissible doesn’t always mean the end of your U.S. journey. There could still be a waiver that gives you a path forward.
Types Of Immigration Waivers You May Use In Atlanta
The reason for your inadmissibility will determine which waiver you can use.
I-601: Waiver Of Grounds Of Inadmissibility In Atlanta
The I-601 is used if you are outside the U.S. applying for a visa or Green Card but were found inadmissible due to:
- Unlawful presence
- Fraud
- Criminal convictions
- Health-related reasons
You must prove that denial to enter the United States would cause extreme hardship to a relative who is a U.S. citizen or lawful permanent resident.
I-601A: Provisional Unlawful Presence Waiver
The I-601A can help if you’re already in the U.S. and must return home for consular processing — but fear triggering the 3- or 10-year reentry bar because you stayed in the country beyond the period allowed by your visa or entered the country without inspection.
This waiver allows you to apply before leaving, ensuring you can return safely and reunite with your loved ones.
212(h): Criminal Grounds Waiver
The 212(h) waiver gives many people a second chance, especially when the conviction is in the distant past (15+ years ago) or when your inability to enter the U.S. would tear your family apart.
212(i): Fraud Or Misrepresentation Waiver
If you made a mistake such as using a false document during a past immigration process, you may now face permanent inadmissibility. But don’t lose hope. With a 212(i) waiver, we can help show that your loved ones would suffer extreme hardship if you’re not allowed to enter or stay.
What Is Extreme Hardship In Atlanta Waiver Cases?
Extreme hardship is not just about separation. It’s about the avalanche effect it can bring.
For example:
- Your spouse or parent may end up struggling financially if they rely on your income and you are forced to leave.
- Your children’s well-being can be affected by your absence.
- A family member with a serious health condition would suffer without the daily care or medical support you were providing.
How To Prove Extreme Hardship In Atlanta Waiver Cases
Not sure how to put your concerns into words? That’s why our Atlanta immigration waiver attorneys are here.
They’ll gather medical reports, financial records, expert evaluations, and personal affidavits to demonstrate how your absence would cause extraordinary challenges, increasing your chances of approval.
Supporting documents can include:
- Marriage and birth certificates to prove family ties
- Tax returns and pay stubs to show financial dependence
- Medical records demonstrating health-related hardship
- Psychological evaluations documenting emotional distress
- Letters of support from family, employers, or community leaders
Other Waivers Our Atlanta Attorneys Handle
Not all waivers are related to inadmissibility. Some are designed to remove financial or procedural barriers so that you can continue your immigration process without unnecessary setbacks.
Fee Waiver: Form I-912
Worried about the cost of your application? You might be able to file your petition without paying at all. If you’re facing financial difficulty, Form I-912 could help reduce that burden.
National Interest Waiver
Intended for use by highly skilled professionals in fields like health care, technology, and research, the NIW allows you to bypass labor certification and lengthy DOL processing times if your work is in the interest of the U.S.
How To Apply For An Immigration Waiver In Atlanta
Applying for a waiver can be an overwhelming experience but you can make it smoother if you know the steps to follow.
- Complete the right form, whether I-601 or I-601A.
- Submit detailed documentation to support your case.
- Wait for USCIS or a consular officer’s decision.
Our Atlanta immigration waiver lawyers manage the process from start to finish, ensuring every detail is properly handled.
Compassionate Legal Support For Immigration Waivers In Atlanta
At Spar & Bernstein, we’ve seen thousands of faces marked by the stress that comes with being told you’re inadmissible. But with the right waiver and a well-prepared case, there is hope.Â
From unlawful presence and misrepresentation to criminal grounds, our Atlanta waiver attorneys will fight for your chance to remain with your family and continue your life in the United States.Â
Atlanta Waiver Immigration Attorney: FAQs
How Long Does It Take To Get A Waiver Decision In Atlanta?
Processing times vary depending on the type of waiver and the workload of U.S. Citizenship and Immigration Services. For example, an I-601 waiver can take several months to over a year for a decision, while an I-601A provisional waiver may move faster. If USCIS requests additional evidence, this can also delay your case.
What Are Your Options If A Waiver Is Denied In Atlanta?
If a denial happens, don’t panic. There may still be options, such as filing an appeal or a motion to reopen your case. In some cases, re-filing your application with stronger evidence may be a better path than appealing. Talk to our Atlanta immigration waiver attorneys and they’ll advise on the best strategy in your situation.
Can A Waiver Help Me If I Have A Prior Deportation From The US?
Certain waivers, such as the I-212, specifically address prior deportations and removals. This waiver allows individuals who were removed from the U.S. to apply for permission to return before the bar on reentry expires.
Do Immigration Waivers Help With Green Card Application In Atlanta?
A waiver can help you move forward with a Green Card application. If you are found inadmissible during your Green Card process, your application cannot be processed unless the inadmissibility issue is waived.
Can A Waiver Be Used For Health-Related Inadmissibility?
Sometimes inadmissibility may be the result of something as simple as missing vaccinations or more complex health conditions. In these cases, we can help you gather the right medical documentation to request a waiver and continue your immigration process.
Do I Need To Leave Atlanta To Apply For A Waiver?
Not always. Some waivers, like the I-601A, allow you to apply while still in the U.S. Others, such as the I-601, are typically filed after a consular officer abroad finds you inadmissible. Whether you must leave depends on your case type.
Can I File A Waiver If I Misrepresented My Immigration History Before?
The 212(i) waiver was created specifically for cases involving fraud or misrepresentation during immigration processes. To qualify, you must prove that denying your application would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. USCIS scrutinizes these applications carefully. That’s why we recommend reaching out to our Atlanta waiver lawyers for more legal insights.
What’s The Difference Between Extreme Hardship & Standard Family Separation?
Family separation is a common result of inadmissibility, but USCIS requires proof that your family’s hardship would go beyond the ordinary. Examples include medical conditions that require your care, financial dependency that cannot be replaced, or unique cultural and language challenges your family would face if forced to leave the United States.
What Will Happens To My Waiver If Immigration Policies Change?
New regulations or court rulings can lead to shifts in immigration laws and USCIS policies. While already-approved waivers are not typically affected, the change may impact pending cases. Working with an Atlanta immigration waiver attorney ensures that your case stays updated with the latest requirements and that your application is adapted to meet current standards.
Why Should I Hire An Atlanta Immigration Waiver Lawyer?
Waiver applications involve complex forms and evidence requirements along with strict deadlines. A single mistake, like missing a supporting document or misunderstanding hardship requirements, can result in denial and years of delays. Our experienced immigration waiver lawyers at Spar & Bernstein will protect your rights and reduce stress throughout the process.
Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.
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