Immigration Services

Immigration Waivers.

Waivers of inadmissibility are among the most difficult applications USCIS decides. Winning one means proving extreme hardship, and proving it well.

I-601 Waivers
Inadmissibility relief
I-601A Provisional
Filed before departure
Extreme Hardship
The legal standard we build
J-1 Waivers
All five statutory bases

Introduction

The standard is high, the preparation matters more.

All immigration waivers are waivers of inadmissibility. For one of many reasons, a person may be barred from entering the United States. To have USCIS approve an I-601 waiver, the applicant generally must prove that a qualifying relative will suffer extreme hardship. As an experienced Las Vegas Immigration Attorney, Robert West guides clients through every step of the process.

Family reviewing immigration paperwork with their attorney

Types of I-601 Waivers

Four common paths to relief.

I-601

Fraud Waiver

For intending immigrants who USCIS or the Department of State has found committed immigration fraud or misrepresentation, for example, entering on a student visa without ever attending school, then later marrying a U.S. Citizen. Without an approved I-601, the green card cannot be granted.

I-601

Criminal Waiver

For applicants found inadmissible due to certain convictions, one of the most common being marijuana possession of less than 30 grams. Approval requires proving extreme hardship to a qualifying relative.

I-601

Unlawful Presence Waiver

The most common waiver of inadmissibility. Triggered when someone enters without permission, or overstays a lawful entry by more than six months, and then departs the U.S., activating the 3-year or 10-year bar depending on the length of unlawful presence.

I-601A

Provisional Waiver

Nearly identical to the unlawful-presence waiver, but filed and decided BEFORE the family member departs the United States for consular processing. Limited to unlawful presence only. The U.S. Consulate can still deny final issuance, and a regular I-601 may still be filed abroad if the I-601A is denied.

The Legal Standard

Extreme hardship to a qualifying relative.

Most I-601 waivers rise or fall on hardship evidence, to a U.S. Citizen or LPR spouse, parent, or child. We build the record USCIS expects:

  • Medical and psychological evidence
  • Financial impact and dependency
  • Country-condition documentation
  • Family ties and community equities
Passport and travel documents on a desk

J-1 Waivers

Waiving the two-year home residency requirement.

J-1 and J-2 visa holders subject to the two-year home residency requirement must physically return home for two years, unless one of five statutory bases for a J-1 waiver applies.

Basis 1

No Objection Statement

If your home country issues a written no-objection statement, that satisfies the basis. Note: foreign medical graduates cannot use this ground.

Basis 2

Request by U.S. Federal Agency

Any U.S. Government agency may request the waiver if losing the employee for two years would be detrimental to that agency. The rarest of the J-1 grounds.

Basis 3

Persecution

If you would be persecuted in your home country on account of race, religion, or political opinion, you may file based on persecution, similar in framing to a political asylum claim.

Basis 4

Exceptional Hardship

If your U.S. Citizen or LPR spouse or child would suffer exceptional hardship from your two-year return, you may file based on hardship to that qualifying relative.

Basis 5

State Public Health Department Request

For foreign medical graduates only. If a state health department wants to employ you under the Conrad program on an H-1B visa, this is the J-1 waiver you'll need.

Results & Testimonials

Outcomes that change lives.

"Robert West and his team made what felt impossible feel possible. They were patient, clear, and genuinely cared about our family's outcome."

Marcy
Verified Client Review

"Excellent communication from start to finish. I always knew exactly where my case stood and what to expect next."

Maria A B De Waal
Verified Client Review
10 stars if I could!

"Mr. West is brilliant and compassionate. He treated us like family and won our case when others said it couldn't be done."

Myron Joy De Leon
Verified Client Review

"We are forever grateful. Our K-1 process was smooth, and we're now happily married thanks to this incredible legal team."

Chandler & Kate
Verified Client Review

"Professional, knowledgeable, and incredibly responsive. Robert West knows immigration law inside and out."

Patricia-Ann Dickinson
Verified Client Review

"After years of frustration with other attorneys, Robert resolved my case in months. Truly the best in Las Vegas."

Lisa M.
Verified Client Review

"He fought hard for my husband during his removal proceedings and won. We will never forget what he did for our family."

Laura C.
Verified Client Review

"Honest, direct, and effective. Robert told us exactly what to expect and delivered every step of the way."

Ty S.
Verified Client Review

"I am now a US citizen because of Robert West. The whole team is professional, kind, and worth every penny."

Jennifer L.
Verified Client Review

"Robert handled my employment-based green card with precision. Approved on the first try with zero RFEs."

Kimberly Lo
Verified Client Review

"Highly recommend this firm. Clear pricing, no surprises, and excellent results for my parents' visa case."

Joe C.
Verified Client Review

"El mejor abogado de inmigración en Las Vegas. Muy profesional y atento, habla español y entiende nuestras necesidades."

Sergio G.
Verified Client Review

"Robert West and his team made what felt impossible feel possible. They were patient, clear, and genuinely cared about our family's outcome."

Marcy
Verified Client Review

"Excellent communication from start to finish. I always knew exactly where my case stood and what to expect next."

Maria A B De Waal
Verified Client Review
10 stars if I could!

"Mr. West is brilliant and compassionate. He treated us like family and won our case when others said it couldn't be done."

Myron Joy De Leon
Verified Client Review

"We are forever grateful. Our K-1 process was smooth, and we're now happily married thanks to this incredible legal team."

Chandler & Kate
Verified Client Review

"Professional, knowledgeable, and incredibly responsive. Robert West knows immigration law inside and out."

Patricia-Ann Dickinson
Verified Client Review

"After years of frustration with other attorneys, Robert resolved my case in months. Truly the best in Las Vegas."

Lisa M.
Verified Client Review

"He fought hard for my husband during his removal proceedings and won. We will never forget what he did for our family."

Laura C.
Verified Client Review

"Honest, direct, and effective. Robert told us exactly what to expect and delivered every step of the way."

Ty S.
Verified Client Review

"I am now a US citizen because of Robert West. The whole team is professional, kind, and worth every penny."

Jennifer L.
Verified Client Review

"Robert handled my employment-based green card with precision. Approved on the first try with zero RFEs."

Kimberly Lo
Verified Client Review

"Highly recommend this firm. Clear pricing, no surprises, and excellent results for my parents' visa case."

Joe C.
Verified Client Review

"El mejor abogado de inmigración en Las Vegas. Muy profesional y atento, habla español y entiende nuestras necesidades."

Sergio G.
Verified Client Review

Free Consultation

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Office
3301 Spring Mountain Rd, Unit 3 Las Vegas, NV 89102
Fax
(702) 319-5463
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