Waivers

Maison Law Immigration Lawyers can help you through the immigration process in California. Probably the most challenging part of the whole immigration process is the wait. And the problem is that if something goes wrong at any point, it sets everything back. That’s why there are waivers in place, and our team can help you with them. Set up a one-on-one consultation today to learn more.

Should I Get a Lawyer?

For most people in California, immigration is incredibly personal. You’re making huge decisions about your personal life, where you live, how you can be with your family, and even what your job will be when you move here. But an immigration waiver isn’t just another form. It’s a request asking the government to make an exception based on your specific situation. That means your explanation, your documents, and your timing all matter. That’s where we can help you by:

• Figuring out whether a waiver is actually available in your situation

• Helping you pick the right waiver, not just the most common one

• Building a clear, consistent explanation that fits your full immigration history

• Avoiding mistakes that can lead to long delays or denials
  
  

Immigration waivers exist precisely because there are endless numbers of stories and situations for people that want to either come to California or continue living here. But the reality is that waivers are tied to a particular issue in your immigration history, and the rules aren’t interchangeable. So, the question then becomes, what’s the type of waiver I need?

What Are Some of the Different Immigration Waivers?

When you look at the different kinds of waivers, it gives you some insight into what they’re for. First and foremost, they’re about answering legal questions. But if you want to make the best choice for you and your family, you’ll need to look at the different kinds of waivers there are:

• Waivers of Grounds of Inadmissibility. This is the waiver people usually hear about when immigration says there’s a legal reason their application can’t move forward. That reason might involve an old immigration issue, something in a past application, or a problem that shows up during review.

• Fraud or Misrepresentation. This comes up when immigration believes something on a past application wasn’t accurate or complete. In many cases, it wasn’t done on purpose. People misunderstand questions, rely on bad advice, or let someone else handle paperwork without realizing the consequences.

• Unlawful Presence and Overstay Bars. Unlawful presence starts adding up when someone stays in the U.S. longer than they were allowed to. After a certain point, leaving the country can trigger long reentry bars—sometimes without people realizing it until it’s too late.

• Criminal convictions. Criminal issues can affect immigration in ways that surprise a lot of people. Some convictions matter. Others don’t. And the way immigration looks at them isn’t always the same as how a criminal court did.

• Provisional Unlawful Presence Waivers. This waiver exists to help people who need to leave the U.S. to finish their process but don’t want to risk being separated from their family for years.

• Alien Smuggling. This issue sometimes comes up in situations involving family. Helping a loved one cross the border—even without bad intentions—can still cause serious immigration problems. Waivers are available in very limited circumstances. These cases require careful explanation so immigration understands what actually happened and why a waiver should apply.

• Permission to Reapply for Admission After Deportation. If you were deported or ordered removed in the past, immigration usually won’t let you move forward without special permission. This applies even if a lot of time has passed.
  
  

Each waiver has its own legal standard. Some require proving extreme hardship to a qualifying family member. Others focus on rehabilitation, time passed, or humanitarian factors. Choosing the right waiver—and presenting it correctly—makes a real difference.

How Does the Process Work With Immigration Waivers?

While every case is different, most waiver cases follow a similar path that starts with understanding exactly why immigration believes you’re inadmissible. With that, though, the process usually involves:

• Figuring out your eligibility. Not every issue can be waived, and not every person qualifies. This step involves reviewing your immigration history, family ties, and long-term goals.

• Preparing the waiver application. This is the heart of the process, which usually means providing:
  
  
  • A detailed personal statement
  • Supporting documents (medical records, financial records, affidavits)
  • Evidence that shows hardship, rehabilitation, or humanitarian factors
    
    

• Filing and processing. Waiver processing times can be long. During this period, consistency matters. Any new applications or travel plans should be handled carefully.

• Decision and next steps. If the waiver is approved, your underlying visa or green card application can move forward. If it’s denied, knowing why helps determine whether re-filing or appealing makes sense.

Frequently Asked Questions

Can I apply for a waiver on my own?

Legally, yes. Practically, it depends. Because waivers are highly fact-specific and often permanent parts of your immigration record, many people prefer guidance before filing.

How long do waivers take to process?

Processing times vary widely depending on the type of waiver, where it’s filed, and current USCIS backlogs. Some take months; others take over a year.

If my waiver is denied, can I try again?

Sometimes. Whether re-filing makes sense depends on the reason for denial and whether new evidence or arguments are available.

Contact Maison Law Immigration Lawyers For Help With Immigration Waivers

By the time a waiver is involved with your immigration status, there’s usually more on the line. A small mistake or missing detail can have long-term consequences for both you and your family, which is why having our team at Maison Law Immigration Lawyers is so important. We walk through the process with you, and help you move forward with more confidence and fewer unknowns. To get started, reach out today for a one-on-one, confidential consultation.