Los Angeles waiver lawyer

Los Angeles Immigration Waiver Attorney

Los Angeles Immigration Waiver Lawyer: Compassionate Help When You Need It Most

Imagine you’ve just learned you cannot enter the United States to join your loved ones. You may be feeling sad, stressed, and uncertain about your future.

The good news is there’s a solution you can use: an immigration waiver.

For more than 60 years, our team at Spar & Bernstein has helped individuals and families across California overcome tough immigration challenges.

We take the time to understand your story: what brought you here, what obstacles you’re facing, and what you’re hoping for. From there, we choose a waiver tailored to your life, your goals, and what matters most to you.

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Why Choose Our Los Angeles Immigration Waiver Attorneys?

It’s not only the six decades of immigration-law experience that make Spar & Bernstein different.

We understand what’s at stake, whether it’s your family or your dream of pursuing a career.

And we fight for it like it’s our own dream, with a compassionate, judgment-free approach, deep knowledge of immigration-law changes, and meticulous documentation that shows your side of the story.

Immigration Waivers Explained

An immigration waiver is a formal request that you can use to ask the U.S. government to “forgive” a specific reason that makes you ineligible for a visa, a Green Card, or legal entry into the United States.

A waiver gives you the opportunity to overcome the obstacles you face, whether due to unlawful presence, a past criminal conviction, or prior deportation, and continue your immigration journey.

Are Waivers Automatic?

Waivers aren’t guaranteed. You’ll need to show you meet specific criteria, and that’s often a complicated, time-consuming process.

Working with a knowledgeable Los Angeles immigration waiver lawyer can make a significant difference in the outcome of your case.

Common Grounds Of Inadmissibility That May Require A Waiver

You may be found inadmissible for several reasons such as:

  • Unlawful presence in the country
  • Criminal convictions
  • Using fake documents or giving false information during the immigration process
  • Previous deportations
  • Health issues, including lack of required vaccinations

Every immigration journey is different. That’s why we listen to all the details: so we can build the strongest possible case for your waiver.

Who Decides If You Are Inadmissible?

Decisions regarding admissibility are made by U.S. immigration authorities, which can include different officials:

  • USCIS officers: If you are applying for a Green Card or adjustment of status from inside the U.S., an officer with U.S. Citizenship and Immigration Services will decide whether you are admissible.
  • Consular officers: If you are seeking a visa from outside the country, a U.S. Consulate or Embassy officer will review your application and decide if you can be admitted to the United States.
  • Customs and Border Protection officers: If you are arriving at a U.S. airport, land crossing, or seaport, a CBP officer may decide whether you can legally enter the country.

If one of these officials finds you inadmissible, they’ll typically inform you of the reason and whether you may apply for a waiver of inadmissibility.

Get in touch with a knowledgeable Los Angeles immigration lawyer as soon as possible to understand your options and explore ways to be close to your loved ones in the U.S.

Types Of Immigration Waivers We Handle In Los Angeles

There are different types of waivers depending on the reason for inadmissibility and how they apply to your immigration path.

I-601 Waiver: Waiver Of Grounds Of Inadmissibility

You can use the I-601 waiver if you’ve been deemed inadmissible when applying for a visa or Green Card from outside the U.S.

This can happen because you overstayed a visa, committed fraud or misrepresentation, have certain health issues, or were convicted of serious crimes.

To be eligible for an I-601 waiver, you must show that if your application is denied, a U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship.

I-601A Waiver: Provisional Unlawful Presence Waiver

The I-601A waiver is a proactive solution if you are currently in the U.S. and are not eligible to adjust status.

You must leave the U.S. to go through consular processing in your home country, but are afraid of triggering a three- or 10-year reentry bar because you’ve accrued unlawful presence.

The I-601A waiver allows you to apply and receive a decision before leaving the U.S., reducing the time spent separated from your family.

212(h) Waiver: Criminal Grounds Waiver

You can apply for this waiver if you’ve been convicted of certain crimes. You must show one of these reasons for a waiver:

  • The offense occurred more than 15 years ago, and you have since been rehabilitated.
  • Denying your entry would result in extreme hardship to your qualifying U.S. family member.
  • You are a victim of domestic violence or abuse.

212(i) Waiver: Fraud Or Misrepresentation Waiver

If you’ve ever submitted false documents, lied to an immigration official, or misrepresented a material fact during your immigration process, you may be permanently barred from admission. However, the 212(i) waiver offers a path forward.

To qualify, you must demonstrate that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if your waiver were denied.

Because USCIS looks closely at misrepresentation cases, it’s especially important to build a clear and honest application strategy. Schedule a consultation with our team at Spar & Bernstein.

Fee Waiver: Form I-912

If you are experiencing significant financial hardship, the cost of an immigration application can be a barrier to start the process. Form I-912 allows you to request a waiver of filing fees for eligible applications.

To qualify, you must show that you receive a means-tested benefit like Medi-Cal, SNAP, or SSI or that your income is at or below 150% of the federal poverty level.

I-912 doesn’t apply to all immigration forms. Our team can help determine if you are eligible in your specific situation.

National Interest Waiver

The National Interest Waiver allows certain professionals to bypass the Permanent Labor Certification process and lengthy DOL processing times, and to apply directly for a Green Card under the EB-2 category.

The NIW is often used by professionals in fields like:

  • Public health
  • Scientific research
  • Technology
  • Environmental sustainability

How To Prove “Extreme Hardship”

Many waivers, including the I-601 and I-601A, require proving extreme hardship to a qualifying U.S. relative.

For example, your spouse might struggle with anxiety if you’re separated, or your absence could make it hard for them to pay bills or care for your children.

These real-life scenarios matter, and they can support a waiver case.

How To Apply For An Immigration Waiver In Los Angeles

Filing for a waiver can feel overwhelming due to the strict rules, detailed paperwork, and the importance of keeping everything error-free.

Most people need to file either Form I-601 or Form I-601A., along with detailed documentation that proves their eligibility. This can include:

  • Proof of family relationships such as marriage certificates, birth certificates, and custody records
  • Evidence of extreme hardship to a U.S. citizen or lawful permanent resident relative
  • Medical records showing ongoing treatment or health issues in your family
  • Financial documentation such as tax returns, pay stubs, debt records, or proof of dependency
  • Psychological evaluations showing the emotional impact of family separation
  • Affidavits and letters from relatives, employers, teachers, or community members supporting your case
Need Help With A Waiver In Los Angeles?

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Legal Support for Immigration Waiver Applicants In Los Angeles

Whether you reside in Glendale or Santa Monica, our team will seek ways to keep you with your loved ones in the United States through finding a waiver. We’ll also help file your petition and prepare for your interview.

Los Angeles Waiver Immigration Attorney: FAQs

Can I Be Found Inadmissible Due To A Medical Issue?

Yes, you may be found inadmissible if you have a contagious disease, don’t have vaccinations, or suffer from certain mental health conditions. In some cases, you’ll be able to file a waiver. Our knowledgeable and compassionate team can advise if this is possible and help with the process.  

What Crimes Can I Use A Waiver For?

You may use a waiver of inadmissibility for crimes involving moral turpitude, drug offenses, or prostitution. 

What Is The Difference Between I-601 And I-601A Waivers?

You can file the I-601 if you’re abroad and facing a denial. You use the I-601A if you are in the U.S. and must head back to your country for consular processing, helping you reduce time away from family. 

Can I File A Waiver Without A Lawyer?

You can, but the process is complex, and you might miss important steps or make mistakes, putting your case at risk. Working with a Los Angeles immigration waiver attorney increases your chance of success. 

Does A Waiver Guarantee Approval Of My Case?

No. Approval depends on eligibility, evidence of hardship, and USCIS discretion. A waiver simply makes approval possible. 

Can A Child File For A Waiver On Behalf Of Parents?

Not directly, but a child may be considered when proving extreme hardship for a parent. 

What Documents Do I Need To Apply For A Waiver?

You’ll likely need a mix of documents: medical records, financial proof, personal letters, and more to show how separation would affect your loved ones. 

Can I Appeal If My Waiver Is Denied?

Yes, depending on the type of waiver, you may appeal the decision, file a motion to reopen, or reapply with additional evidence. 

Can I Apply For A Waiver If I Was Deported?

It might be possible, but you must wait a certain number of years after deportation depending on your case. When applying, you can use a waiver of inadmissibility. 

Experienced Leader in Immigration and Injury Law

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.

View Brad's Bio