Area of Practice

Waivers
Immigration

Waivers Immigration Lawyers

Overcoming Immigration Inadmissibility with Strategic Waiver Applications

Many individuals face obstacles when applying for U.S. visas or green cards due to imWaivers, migration violations, unlawful presence, prior deportations, or other grounds of inadmissibility. At Herman Legal Group, we help clients navigate complex waiver processes to overcome these barriers and move forward with legal immigration solutions.

With decades of immigration law experience, our attorneys handle all types of waivers—whether you’re seeking to reenter the U.S., remain with your U.S. citizen family, or adjust status after a prior violation. We provide personalized, results-driven strategies to help you succeed, even in the most difficult cases.

What is waivers based Immigration

Waivers-based immigration refers to the legal process that allows individuals who are inadmissible to the United States – due to factors like unlawful presence, misrepresentation, past deportations, or certain criminal convictions – to apply for a “waiver” of those grounds of inadmissibility. If the waiver is approved, it allows the person to still receive a visa, green card, or enter/remain in the U.S. legally despite those issues.

Common Types of Immigration Waivers:

  1. I-601 Waiver – For individuals found inadmissible due to unlawful presence, fraud, or certain crimes.

  2. I-212 Waiver – For those who were previously deported or removed and wish to reenter the U.S.

  3. J-1 Waiver – For exchange visitors subject to the 2-year home residency rule who want to stay in the U.S.

  4. I-601A Provisional Waiver – For certain undocumented immigrants already in the U.S. who need to leave for consular processing.

J-1 Waiver – Two-Year Foreign Residency Requirement

Many J-1 exchange visitors are subject to a two-year home residency requirement, which prohibits them from adjusting status or obtaining H-1B, L-1, or permanent residency until they return to their home country for at least two years.

We assist with all five types of J-1 waiver applications:

  • No Objection Statement: From your home country’s government.
  • Persecution Waiver: If returning to your home country would lead to persecution based on race, religion, or political opinion.
  • Exceptional Hardship Waiver: If your U.S. citizen or green card holder spouse or child would suffer extreme hardship if you had to leave.
  • Interested Government Agency (IGA) Waiver: For those sponsored by U.S. federal agencies like HHS or VA.
  • Conrad 30 Waiver (for physicians): For J-1 medical doctors working in underserved areas.

We guide you through the DS-3035 process and prepare comprehensive waiver requests that meet USCIS and DOS expectations.

I-601 Waiver – Waiver of Grounds of Inadmissibility

Form I-601, Application for Waiver of Grounds of Inadmissibility, is used when an individual is denied a visa or green card due to issues like:

 

  • Unlawful presence
  • Misrepresentation or fraud
  • Certain criminal convictions
  • Health-related issues
  • Prior immigration violations

To qualify, you typically must show that denying your admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent.

We help you gather strong documentation, medical and financial records, psychological evaluations, affidavits, and legal arguments to demonstrate hardship and win waiver approvals.

I-601A Provisional Waiver – For Unlawful Presence

This waiver is for individuals currently in the U.S. who are not eligible to adjust status and must leave the country for consular processing, but doing so would trigger a 3- or 10-year bar due to unlawful presence.

 

  • Only applies to unlawful presence
  • Can be applied for before leaving the U.S.
  • Helps reduce family separation time

Our firm has helped hundreds of families successfully apply for and receive I-601A waivers by clearly documenting extreme hardship and preparing the strongest possible case.

Transfer Key Employees or Founders to Launch a U.S. Office

The L-1 visa enables a foreign company to send executives, managers, or employees with specialized knowledge to open or work in a U.S. branch or affiliate.

I-212 Waiver – Permission to Reapply After Removal

If you’ve been deported (removed) or left the U.S. under a removal order, you’re barred from returning for a certain period (usually 5, 10, or 20 years). Form I-212 is the application for permission to reapply for admission before that period ends.

This waiver is often required alongside an I-601, especially if there were underlying grounds of inadmissibility.

 

  • You must show rehabilitation, strong ties to the U.S., and reasons for return
  • Strong legal arguments and documentation are essential

We specialize in complex reentry cases and can combine I-601 and I-212 filings when necessary.

Our Approach to Waivers

At Herman Legal Group, we take a strategic, evidence-driven approach to immigration waivers. We carefully analyze the reason for inadmissibility and craft personalized waiver applications supported by strong legal arguments and compassionate documentation. Our goal is to maximize your chances of approval while guiding you through every step of the process.

Why Herman Legal Group?

Extensive Experience

Over 100 Years of Combined Legal Expertise

Aggressive Advocacy

Vigorous Representation for Your Rights

Trusted Experts

Deep Knowledge and Strong Trial Background

Top-Rated Excellence

AV-Rated by Martindale-Hubbell

Extensive Experience

Over 100 Years of Combined Legal Expertise

Aggressive Advocacy

Vigorous Representation for Your Rights

Trusted Experts

Deep Knowledge and Strong Trial Background

Top-Rated Excellence

AV-Rated by Martindale-Hubbell

Book Your Consultation

Honest Advice. Multilingual Team. Decades of Experience. Get the Clarity and Support you Deserve.

Contact us

Head Office OH

408 West Saint Clair Avenue, Suite 230 Cleveland, OH 44113

Phone Number

+1-216-696-6170

Email Address

richardtmherman@gmail.com

FAQS

Help & Support FAQs

Our Help & Support FAQs section is designed to answer your most common questions quickly and clearly. You’ll find step-by-step guidance, useful tips, and solutions to common issues all in one place. It’s the fastest way to get the help you need without waiting for support. Explore the FAQs to save time and get back to what matters.

An immigration waiver is special permission that allows you to overcome certain inadmissibility issues-such as prior visa overstays, criminal records, or misrepresentation-so you can enter or remain in the U.S. legally.

Eligibility depends on the type of waiver and your circumstances. Common waivers require proof of hardship to a qualifying U.S. citizen or lawful permanent resident family member.
Processing times vary based on the waiver type, supporting evidence, and USCIS workload. It can range from several months to over a year.

Yes. An experienced immigration attorney can prepare a strong application, ensure all evidence is properly documented, and present compelling arguments to increase approval odds.