Why Do I Need An Immigration Waiver?

By Published On: February 20, 2023Categories: Vlog, Immigration

Spanish Video Above Translated In English Below

If you’re seeking legal status in the United States, understanding migratory pardons is the key. It serves as a lifeline that can help you in different ways. This article discusses the significance of pardons in immigration cases. It helps you understand why there is a need for immigration waivers and why it’s useful for undocumented individuals. 

Furthermore, you will learn forgiveness provisions, humanitarian programs, and the importance of seeking professional legal guidance.

If You Want To Adjust Your Status In The U.S. Find Out If You Are Eligible For An Immigration Waiver

What Is A Migratory Pardon?

A migratory pardon is a legal forgiveness or permission for people who entered the United States without proper documentation. It’s valuable because it helps those who might otherwise have to leave the country or face difficult circumstances. 

Applying For Pardon In Specific Cases

This pardon is a crucial aspect of immigration law that has a widespread impact across various situations. It applies to cases such as deportation and employment to family concerns like VAWA and U Visas. Each immigration program has its forgiveness provisions tailored to specific case types. 

If someone has been living in the United States without permission for a significant period, they may need a migratory pardon. When aiming to secure legal status, each immigration case has its requirements. Obtaining a migratory pardon ensures a favorable outcome. It is especially true if the petition or process specifically calls for it. 

Finding A Way To Benefit From It

The significant advantage of these pardons is that they often make otherwise impossible immigration procedures achievable. It’s a big deal because it can make a difference in someone’s life. It’s like a helping hand when they need it most. Without them, navigating the immigration system can be very challenging.

Can undocumented individuals in the United States for several years qualify for an immigration pardon? Consider the story of those who entered the United States without documentation. Although they did not have Visas and were deported previously, it’s crucial to ascertain whether they carry permanent punishment. 

Permanent punishment is typically imposed when an individual enters without a Visa, stays for over a year, re-enters without authorization or faces deportation. However, if the person’s situation differs, they might not be subject to permanent punishment. 

Exploring possible avenues, such as the Violence Against Women Act (VAWA) program, can provide a solution if the person has experienced verbal or mental abuse.

What Are The Common Options To Apply For A Waiver?

Family-based petitions are a common option for individuals seeking a migratory pardon. In these cases, a U.S. citizen or permanent resident family member petitions for their undocumented relative. This process often involves requesting forgiveness as part of the application. 

Family-Based Petition

Suppose a spouse of a U.S. citizen entered without a Visa. Then, they want to adjust their status through marriage and may need forgiveness for their unlawful presence. In this type of case, it is possible to request forgiveness before departure. Doing so would ensure that the petitioner knows the status of their family petition and forgiveness. This approach streamlines the consular process and reduces the time of separation from family members.

The ability to request forgiveness in family-based cases may vary depending on the circumstances and immigration violations involved. Consulting with an immigration attorney is essential to understand the requirements and options available. 

Humanitarian Cases

Humanitarian cases, such as those falling under the Violence Against Women Act (VAWA), provide avenues for forgiveness in certain situations. These cases typically involve individuals who have experienced verbal or mental abuse from their family members, including U.S. citizens or permanent resident spouses.

Under the VAWA program, it is possible to seek forgiveness for immigration violations if they can be connected to the abuse suffered. This means that individuals subjected to abuse may be eligible for a migratory pardon. It allows them to pursue legal status without facing the usual penalties associated with their immigration violations.

Each humanitarian case is unique, and the requirements and process may vary. You should consult an immigration attorney experienced in humanitarian cases, such as VAWA petitions. It is crucial to understand eligibility, gather the necessary evidence, and navigate the application process successfully.

Parental petitions and forgiveness for undocumented immigrants are important aspects of the immigration system that require careful consideration. These are important tools that can provide a path to lawful status for families facing challenges in their immigration journey.

What Are Parental Petitions?

Undocumented immigrants residing in the United States with U.S. citizen children face specific rules and conditions. Suppose an undocumented immigrant enters and exits the country without a year-long stay or deportation. They can apply for forgiveness for being in the United States without a Visa. However, this forgiveness only applies if the undocumented individual marries a U.S. citizen or permanent resident and cannot be extended to their children.

Similarly, U.S. citizen children can petition for their undocumented parents after reaching 21 years of age, but this process also has specific conditions. Eligibility may be established if the parent entered the US with a Visa and had only one Visa entry, or if the parent is in the armed forces. Furthermore, evidence of abuse from the child towards the parent or being petitioned by any family employee procedure before April 30, 2001, can also create an opportunity for parental petitions.

Amidst the possibilities of forgiveness and parental petitions, it is crucial to understand another significant aspect of immigration law.

What Is A Provisional Waiver Or Stateside Waiver?

The provisional waiver, or stateside waiver, is a special type of migratory pardon that can greatly impact the immigration process. It allows individuals to request forgiveness for specific immigration violations before departing the United States. Understanding how the provisional waiver works and who is eligible is crucial for those seeking legal status.

Learn About The Types Of Eligibility To Obtain An Immigration Waiver If You Are Undocumented In The U.S.

Common Situation For Provisional Waiver

The most common situation where a provisional waiver applies is when the spouse of a U.S. citizen enters the country without a Visa. In such cases, adjusting their status within the United States is not possible, and they must undergo Consular Process. 

However, this process can be time-consuming, and individuals living in the U.S. without permission may face penalties upon leaving. The provisional waiver enables individuals to seek forgiveness for their unlawful presence before leaving the United States. 

By obtaining forgiveness approval in advance, they gain reassurance and certainty during the consular process. It means they can attend their consular appointment knowing that their family petition has been approved and their forgiveness request granted. It simplifies the process, reduces uncertainty, and minimizes time spent away from family members.

Qualifications & Benefits

Not everyone qualifies for a provisional waiver. Generally, spouses and children of U.S. citizens or permanent residents can apply. However, meeting eligibility criteria and demonstrating the need for forgiveness are crucial. Consulting an experienced immigration attorney is essential to understand specific requirements and navigate the application process successfully.

Obtaining a provisional waiver helps individuals avoid unnecessary family separation. It also ensures a smoother and more predictable consular process. It provides an opportunity to rectify immigration violations before leaving the United States. This way, it facilitates a smoother transition to legal status.

How Can An Immigration Lawyer Give Assistance?

Working with an immigration lawyer is highly beneficial throughout the migratory pardon process. Lawyers skilled in immigration law possess in-depth knowledge of the complexities of the field. They are well-versed in the specific requirements and provisions, including forgiveness cases and Consular Process. So, at the onset, they can inform you whether you qualify for a pardon. If not, they can guide you on the options to achieve a favorable outcome for your petition.

An immigration lawyer can assess your eligibility for forgiveness based on several factors. This analysis enables the lawyer to provide accurate and personalized advice to the client. Their experience allows them to develop effective strategies tailored to each client’s unique situation. They can advise you on what direction to take in filing for a waiver.

Advocacy is another crucial role of an immigration lawyer. They help gather all necessary documentation and navigate complex paperwork. They can anticipate potential challenges and address them proactively. 

Moreover, an immigration lawyer can guide you on the appropriate timing and process for requesting forgiveness. They understand the nuances of each scenario. They ensure the forgiveness process aligns with the client’s circumstances and goals.

An immigration lawyer can also assist you with alternative immigration options and provide comprehensive guidance, increasing your chances of success. Working with an immigration lawyer brings peace of mind as they handle legal complexities. They thus reduce stress and uncertainty, allowing you to focus on other aspects of their lives.


You have learned the importance of migratory pardons for undocumented individuals seeking legal status in the United States. Migratory pardons provide forgiveness and permission for those who entered the country without proper documentation. It offers a lifeline in various immigration cases. Family-based petitions and humanitarian cases, such as VAWA, present opportunities for forgiveness. 

The provisional waiver allows individuals to seek forgiveness before departing the U.S., streamlining the consular process. Consulting with an immigration lawyer is vital for understanding eligibility and navigating the complexities of the immigration system. They can provide personalized advice and gather documentation.

If you have additional questions about  a waiver, or your specific case, you can contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on FacebookYouTube, and Twitch.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as greencards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job. After the pandemic we began offering bankruptcy services in addition to immigration I realized how much lack of information there is in financial literacy resources in Spanish.

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