Helping You Move Forward When Immigration Issues Arise
At Khashmati Law, P.C., our experienced waiver attorney helps individuals overcome immigration issues that may prevent them from obtaining lawful status in the United States. Certain immigration violations, unlawful presence, prior removals, fraud allegations, or criminal matters can result in a finding of inadmissibility by Servicios de Ciudadanía e Inmigración de los Estados Unidos (USCIS) or a U.S. consulate. However, being found inadmissible does not always mean the end of your immigration case. Our immigration lawyer represents clients in matters involving I-601 Waivers, I-601A Provisional Waivers, fraud waivers, unlawful presence waivers, and other forms of immigration relief designed to help families remain together and move forward legally. Based in Queens, New York, our waiver attorney serves clients throughout New York City and across all 50 states, providing strategic legal representation and detailed waiver applications designed to maximize the chances of approval.
Understanding Immigration Waivers
An immigration waiver is essentially a request for forgiveness. It asks the U.S. government to overlook a specific ground of inadmissibility—such as unlawful presence, a past mistake on an application, or certain criminal issues—so that you can obtain lawful status.
In many cases, the central issue is proving that a qualifying relative—typically a U.S. citizen or lawful permanent resident spouse or parent—would suffer dificultad extrema if your application were denied. This is not a simple standard, and it requires careful preparation and detailed supporting evidence.
Common Immigration Waivers and When They Apply
I-601 Waiver (Waiver of Grounds of Inadmissibility)
The I-601 waiver is one of the most widely used waivers and can address multiple issues, including unlawful presence, fraud or misrepresentation, certain criminal matters, and some health-related concerns.
These cases often come down to how well hardship is documented. Medical conditions, financial dependence, family separation, and country conditions can all play a role.
I-601A Provisional Waiver
For individuals who need to attend a consular interview abroad, the I-601A waiver allows them to request forgiveness for unlawful presence before leaving the United States.
This process can significantly reduce the amount of time someone is separated from their family, which is why it has become such an important option for many families here in New York.
I-212 Permission to Reapply
If you have previously been deported or removed, you may need to file an I-212 waiver to request permission to return legally.
These cases often involve a detailed review of your immigration history, the circumstances of your removal, and your ties to the United States today.
212(h) Criminal Waiver
Certain criminal convictions do not automatically disqualify you from obtaining status. A 212(h) waiver may be available depending on the type of offense, how long ago it occurred, and your rehabilitation.
These cases require a careful legal analysis, especially when determining whether the offense qualifies and whether a hardship showing is required.
212(i) Waiver for Fraud or Misrepresentation
If you were found to have provided incorrect information or used fraudulent documents, you may still be eligible for a waiver.
The key issue in these cases is again hardship—demonstrating how your denial would impact a qualifying family member in a meaningful and lasting way.
Health-Related Waivers
Certain medical issues, including missing vaccinations or specific diagnoses, can lead to inadmissibility. However, waivers are often available when proper documentation is provided and the condition does not pose a broader public risk.
Public Charge Considerations
In situations where there are concerns about financial support, it may be possible to address these issues through a strong affidavit of support or, in some cases, a bond.
VAWA-Based Waivers
For individuals who have experienced abuse by a U.S. citizen or lawful permanent resident family member, special waiver options may be available under VAWA. These cases are handled with particular care and sensitivity.
Refugee and Asylee Waivers
Applicants adjusting status through asylum or refugee status may also qualify for waivers of certain inadmissibility grounds. These are often more flexible but still require proper legal guidance.
How We Approach Waiver Cases
Waiver applications are not just about forms—they are about telling your story in a way that is clear, credible, and supported by evidence.
En Khashmati Law, PC., we take the time to understand the full picture of your case. We work closely with you to gather documents, prepare detailed declarations, and address any weaknesses before submitting your application.
Our goal is to present a complete and well-documented case that gives you the best chance of approval.
Speak With an Immigration Attorney in New York
Las solicitudes de exención son complejas, requieren mucha evidencia y son altamente discrecionales. El éxito a menudo depende de la capacidad de su equipo legal para presentar su caso, demostrar las dificultades y documentar su elegibilidad.
En Khashmati Law, P.C., reunimos experiencia jurídica, comprensión personal y compasión para cada cliente. Trabajaremos con usted para:
- Averigüe si se aplica una exención a su situación.
- Prepare y presente una petición de exención sólida y completa.
- Reúna pruebas de dificultades, problemas médicos o legales y repercusiones familiares.
- Responder a las solicitudes de pruebas (RFE) o a las notificaciones de intención de denegación (NOID), si es necesario.
Exploremos sus opciones juntos.
You don’t have to face this process alone. If you’ve been told you are inadmissible or are concerned about past issues affecting your immigration case, contact Khashmati Law, P.C. today to speak with an experienced immigration attorney in New York at (516) 362-2139 or by programar una consulta.
Escucharemos su historia, le explicaremos sus derechos y le ayudaremos a dar el siguiente paso para permanecer en los Estados Unidos de manera legal y segura.