Boston Immigration Waiver Attorney

Boston Immigration Waiver Lawyers With 60+ Years of Trusted Experience

For over six decades, our compassionate legal team at Spar & Bernstein has guided thousands of clients through the complex immigration process, including those facing inadmissibility.

If you were denied entry into the United States, our immigration waiver attorneys will check your eligibility for a waiver and fight to protect your future in the U.S.

Why Hire Our Boston Immigration Waiver Attorneys?

Whether it’s due to unlawful presence, fraud, or a past criminal charge, inadmissibility involves enormous emotional and legal stress, especially if this means staying away from your loved ones.

We’ll analyze your case, and if you’re eligible for a waiver, we’ll help you fill out and file all forms and supporting documents.

Boston By The Numbers: Waiver Trends

• In Boston, nearly 8 out of 10 I-601 waiver applications are approved.
• The approval rate for I-601A waivers is over 70%.
• Both types of waivers have strong approval rates when filed correctly with the right documentation.

Inadmissibility Explained

If you are considered “inadmissible” under immigration law, it means the U.S. government has a reason to deny you entry or legal status.

This can happen at a U.S. Embassy, Consulate, or inside the country, even if you are married to a U.S. citizen or have lived in the United States for years.

Common Reasons For Inadmissibility

Why can you be deemed inadmissible?

Health-Related Issues

If you have a contagious disease, mental health disorder, or did not receive required vaccinations, the U.S. Citizenship and Immigration Services (USCIS) may consider you inadmissible, as you may pose a risk to public health and safety.

Criminal History

If you were arrested or convicted of certain crimes related to drugs, theft, or violence, you may be denied entry to the U.S. for public safety reasons.

Immigration Fraud Or Misrepresentation

Let’s say you once filled out a form with incorrect information or relied on bad advice and used someone else’s visa. These things can unfortunately make you inadmissible under immigration law.

Unlawful Presence Or Past Deportation

If you stayed in the U.S. without permission for more than 180 days or were previously deported, you may face a 3-year, 10-year, or even permanent bar to reenter the country.

Other Grounds

Other reasons for inadmissibility include:

• Prior immigration violations
• Helping someone enter the U.S. illegally
• Posing a national security risk
• Having renounced citizenship to avoid taxes

Who Decides If You’re Inadmissible?

Inadmissibility is usually determined by U.S. immigration officials such as:

• A USCIS officer (if you’re applying for a Green Card from inside the U.S.)
• A consular officer (if you’re applying for a visa abroad)
• A Customs and Border Protection (CBP) officer (if you’re entering at a U.S. border or airport)

If you’re told you’re inadmissible, the official may also tell you if you can apply for a waiver.

Understanding Immigration Waivers

Hearing you’re inadmissible can sound like the end of your dream. But in many cases a waiver may still keep your journey on track.

Think of a waiver as a second chance, as you are asking the government to overlook a past issue so you can still apply for a visa or Green Card.

The waiver serves to “forgive” specific immigration violations or criminal issues that would typically prevent you from entering the country.

Why Are Immigration Waivers Important?

The purpose of a waiver is to give you another chance. Waivers:

• Keep families together.
• Support humanitarian cases.
• Help people whose skills or work benefit the U.S.
• Protect victims of human trafficking, refugees, and asylees.
• Make sure people with health issues get the care they need.
• Balance safety concerns with the positive impact someone can have in the U.S.

Types Of Immigration Waivers

I-601 Waiver: Waiver Of Grounds Of Inadmissibility

This waiver is used if you are applying for a visa or Green Card from outside the U.S. and are found inadmissible due to past immigration fraud, certain criminal offenses, or unlawful presence in the U.S.

To qualify for I-601, you must prove that a close family member, let’s say your spouse or parent in Boston who’s a U.S. citizen or Green Card holder, would suffer extreme hardship if your application is denied.

I-601A Waiver: Provisional Unlawful Presence Waiver

This waiver is for people who:

• Are in the United States.
• Have accrued unlawful presence.
• Need to go back to their home country for a visa interview but are afraid of triggering a 3- or 10-year reentry bar.

The I-601A lets you apply for the waiver before you leave, so you can come back to the U.S.

212(h) Waiver: Criminal Grounds Waiver

If you’ve been convicted of certain crimes, you can file a waiver to ask the government to forgive those offenses under specific conditions.

You’ll need to prove either:

• It happened over 15 years ago.
• Not being allowed to enter the U.S. would cause extreme hardship to a U.S. citizen or permanent resident relative.
• You qualify as a battered spouse or child.

212(i) Waiver: Fraud Or Misrepresentation Waiver

If you gave false information to immigration officials or used fake documents, you may be denied entry to the U.S.

The 212(i) waiver allows you to ask for forgiveness if you can prove that your qualifying relative (spouse or parent) would suffer extreme hardship without you.

Other Waivers Our Boston Waiver Immigration Attorneys Can Help With

Unlike most immigration waivers that help overcome inadmissibility issues, there are certain waivers that refer to:

• The contribution you can make to the U.S. economy
• Your inability to pay the application fee

National Interest Waiver (NIW)

NIW allows you to skip the Permanent Labor Certification (PERM) process and long waiting times and apply for a Green Card if your work can benefit the U.S. national interest in spheres like:

• Healthcare
• Science
• Technology
• Public safety

Fee Waiver: Form I-912

If you cannot afford to pay for certain immigration applications, you may be eligible to file Form I-912 and request to waive your fees.

To qualify for a fee waiver, you must show that:

• You receive a means-tested public benefit (like SNAP, Medicaid, or MassHealth in Massachusetts).
• Your household income is at or below 150% of the federal poverty level.
• You’re experiencing financial hardship due to unemployment, medical bills, or other serious situation

How To Apply For An Immigration Waiver In Boston

For most waiver applications, you’ll need to file Form I-601 or Form I-601A, depending on your situation along with supporting documents proving:

• Evidence of family ties
• Proof of hardship
• Medical records
• Financial documentation
• Affidavits from relatives or community members

You don’t need to go through the process alone. Our Boston immigration waiver lawyers will help you prepare and go through the steps.