There are 3 steps involved in preparing an approvable immigration waiver:
- You must first have a valid visa application or immigrant petition that is approved or approvable. If filing a provisional waiver, you must first pay the entire immigrant visa fees prior to filing the waiver.
- If a waiver is requested prior to the denial of an application, you must look carefully at the reason for the ground of inadmissibility, which you are charged with. You may attack this on its face. as in some cases, this charge should never have been filed.
- You must file the relevant application (usually Forms I-601, I-601A Provisional Waiver or I-212) with a brief in support of the application explaining in a very detailed way all of the relevant reasons that your waiver should be ranted, including the effect that separation from your U.S. Citizen or lawful permanent resident family member would have on him or her, and also the effect on your U.S. Citizen or lawful permanent resident family member should he or she be forced to travel with you and live in your home country for 3 to 10 years, or more.
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