What is a nonimmigrant waiver?
Some people are inadmissible to the United States. This means that they cannot travel to the United States, even for a short trip for business or to visit family. A nonimmigrant waiver allows people to visit the United States even if they are inadmissible. A nonimmigrant waiver can waive most grounds of inadmissibility for nonimmigrants, such as unlawful presence, criminal, health, prostitution, and smuggling. Depending on where you will apply for your nonimmigrant waiver, you may need to submit a nonimmigrant waiver application form along with your request.
This type of waiver can be very helpful for people who have something in their past that prevents them from being able to visit the United States, but find that it is important to be able to visit for business or family purposes.
Nonimmigrant Waiver Requirements
There are three criteria that are considered when deciding whether a nonimmigrant waiver will be granted:
- The risks of harm in admitting the applicant
- The seriousness of the acts that caused the inadmissibility
- The importance of the applicant's reason for seeking entry
Generally speaking, nonimmigrant waivers are not limited to exceptional, humanitarian, or national interest cases. It is possible to get a nonimmigrant waiver in order to visit family, seek medical treatment, attend business conferences, or for tourism.
The application procedure will vary depending on whether you need to apply for a visa and will request your waiver at a U.S. consulate or if you do not need to apply for a visa and will request your waiver at the U.S. port of entry. Keep in mind that if you need to apply for a nonimmigrant visa, you will also need to demonstrate to the consular officer that you qualify for the nonimmigrant visa.
Nonimmigrant Waiver Costs
The costs involved in getting a nonimmigrant waiver can be viewed in three groups: the required government filing fees, other required costs and attorney fees.
The required government filing fees are:
- $0 if waiver application is submitted to the consulate and an I-192 form is not required
- $930 if an I-192 form is needed
The other required costs that you should expect as part of the waiver process are:
- Translation costs – varies by the translator and type of documents being translated into English
- Supporting document costs – varies by what documents need to be obtained
Depending on whether you work with an immigration lawyer, you may also have attorney fees as part of the total costs of the process.
Not everyone who applies for a nonimmigrant waiver will need a lawyer to assist them with the process. You can learn more about whether you need a lawyer by reading the information on this website and by learning more about the role of an immigration lawyer in the immigration waiver process. If you decide to hire an immigration lawyer to assist you, the legal fees will vary by law firm and the complexity of the case.
How We Can Help With Your Nonimmigrant Waiver Application
You are not required to work with an immigration lawyer, but working with one can be very helpful and can help minimize the stress involved in the nonimmigrant waiver application process.
Our immigration lawyer nonimmigrant waiver services include the following:
- Explain the nonimmigrant waiver process to you to help you decide if it is the best process for you
- Review your immigration history to make sure that you qualify for a nonimmigrant waiver
- Research and resolve any special issues with your case to minimize the risk that your application will be denied
- Prepare all forms necessary for your application
- Pepare any legal letters or memos needed for your case
- Identify the supporting documents needed for your application
- Assist with preparing any affidavits or declarations needed for your case