Am I Eligible for an Immigration Waiver?

New York Immigration Attorney Explains Your Options

Video Transcript:

Tom Mustin: 

What is a waiver in immigration law, and under what circumstances does this apply? We ask attorney Cory Forman in this Ask the lawyers Quick Question.

Cory Forman: 

Well, there's two types of waivers Tom, there's the affirmative waiver, that if someone is inadmissible to the United States and they need to prove admissibility and they're gonna apply for a green card, they're gonna file that waiver with a green card application. Then there's a defensive waiver where if someone is put in removal proceedings and they're alleged to be deportable, the next question is, well, are they eligible for relief, or in other words, are they eligible for a waiver? Now, a waiver would allow them to stay in the United States, but there's two issues there. There's a difference between being eligible for a waiver and then actually getting the waiver, which ultimately comes down to a discretionary decision by your judge and the defensive context and a USCIS officer and the affirmative context.

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