Philadelphia, PA immigration attorney Alex G. Isbell talks about the most common and important types of immigration waivers. He explains that waivers exist for individuals whose personal or immigration histories would otherwise render them inadmissible to the United States. Without a waiver, a person could be barred from obtaining a visa to enter the country or from applying for a green card if already present in the U.S.
In his practice, the most common waivers involve individuals found to have engaged in material fraud or misrepresentation, as well as those with certain types of criminal histories. Both of these require demonstrating to the appropriate decision maker that qualifying relatives in the United States would suffer extreme hardship if the immigration process could not move forward.
He also frequently handles waivers for unlawful presence, as well as for individuals who previously held J-1 visas and are subject to the two-year home residency requirement—an obstacle that prevents them from obtaining H-1B visas, L visas, or green cards without an approved waiver.
He makes clear that while not everyone qualifies, his office is able to assist with nearly every type of waiver available under immigration law. For anyone told they need a waiver, he stresses the importance of consulting with a qualified immigration attorney to determine eligibility and identify the best possible path forward in cases stalled by personal or criminal history issues.
