What are waivers and how are they used in immigration court? Waivers, like the I-601 and I-212, are an important remedy and tool that can be used to make an apology for bad behavior or for illegal presence or fraud or for certain kinds of crimes. For example, if you entered the United States illegally but married a United States citizen, you can now file an unlawful presence waiver and stay in the United States. If you committed certain crimes, if you can show extraordinary circumstances or hardship to the family, then a Court can exercise discretion and allow you to adjust your status, get a green card and obtain permanent legal residency in the United States.
Everybody can make a mistake, and waivers are a way to show the Court that you regret the choices you made, that you take responsibility and want to make a commitment to making a better life for your family.
Sometimes, there is a bar to a person’s ability to get their green card. If they are considered inadmissible to the United States, there may be a possibility to waive or pardon the reason why they are inadmissible. Certain criminal convictions, such as theft and drug possession, render someone inadmissible. Similarly, if you have been present in the United States illegally, you are inadmissible and ineligible to get your green card. There are, however, certain pardons that you can get to make you eligible again. There are rules and requirements, and you must be eligible for the waivers. Not everyone needs a waiver, and not everyone qualifies for a waiver. That’s why it’s important to consult with an immigration specialist before filing any immigration application. An Immigration Lawyer will guide you properly.