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Waiver
Waiver
If you have been deported from the U.S., denied entry, or had your visa application refused due to violations of immigration law or other specific legal grounds, you must go through a pardon process with USCIS before reapplying for a visa. This pardon process is called a Waiver.
In other words, the applicant requests a waiver by demonstrating to USCIS that the grounds for denial or inadmissibility have been resolved, or despite the continued existence of these grounds, persuades the authorities of a valid and specific reason for entry, seeking forgiveness to allow visa issuance or admission.
Who Should Apply
The following individuals are required to apply for a waiver:
- 1. Persons who have been subject to removal proceedings and received a removal order in the U.S. (excluding those who departed voluntarily)
- 2. Persons who left the U.S. without permission while removal proceedings were pending
- 3. Persons whose visa was canceled and were denied entry by immigration officers at airports or ports of entry
- 4. Persons who have unlawfully stayed in the U.S. for 180 days or more
- 5. Persons with a criminal record
- 6. Persons who have made false statements or submitted fraudulent documents to USCIS or U.S. embassies/consulates
Waiver Application Advisory
Many applicants who face visa denial or entry refusal often feel anxious and overwhelmed, leading them to seek waiver application assistance from unverified immigration consulting firms or education agencies. These providers may claim that difficult consular officers were involved, boast of high success rates based on similar cases, and promise guaranteed approval of waivers. Alarmingly, some even suggest submitting false statements or forged documents as part of the waiver application.
Using such unreliable services not only jeopardizes the chances of approval but may also result in permanent ineligibility for U.S. visas. Therefore, extreme caution is advised when selecting assistance for waiver applications.
The waiver application process and required documents vary depending on the type of visa being applied for (immigrant visa vs. non-immigrant visa). Typically, waiver decisions take about 6 months for immigrant visas and around 3 months for non-immigrant visas. The table below outlines the differences in the waiver application process between immigrant and non-immigrant visas.
| Category | Immigrant Visa Waiver Application | Non-Immigrant Visa Waiver Application |
|---|---|---|
| Application Timing | After immigrant visa denial | After immigrant visa application denial |
| Filing Location | U.S. Phoenix Lockbox | U.S. Embassy in South Korea |
| Required Documents |
|
|
Waiver Application Checklist
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1) Confirm Exact Reason
Verify the precise reasons for visa denial, entry refusal, or deportation through factual factors and conduct a legal review to determine if these qualify for a waiver.
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2) Review Eligibility for Waiver
Confirm the legitimacy of the U.S. entry purpose and the stability of the applicant’s social and economic ties in Korea. Also, verify that the reasons for visa denial or entry refusal have been resolved. Obtain supporting documents from relevant institutions or experts.
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3) Prepare Required Documents
Prepare statements based on immigration law, letters of recommendation, police records, court records, and other supporting evidence.
Waiver Application FAQ
There are certain cases related to national security and serious criminal offenses where waiver applications are not allowed.
DUI records generally do not qualify for waivers. However, if the consular officer believes the DUI indicates habitual or dangerous behavior, a psychiatric evaluation may be requested.
Having cancer does not disqualify you. Cancer is not a communicable disease, so it does not constitute grounds for inadmissibility, similar to heart disease or AIDS patients.
Obtaining approval for a waiver is not easy. Especially for non-immigrant visas, approvals are rare. Therefore, it is crucial to prepare accurate and persuasive documentation based on immigration law.
Immigration law recognizes extreme hardship broadly, including health issues, economic problems, educational challenges, personal circumstances, as well as cultural, linguistic, religious, and ethical factors.
Check if they have qualified experts (such as U.S. attorneys), if the company is reliable, if they have deep knowledge of waiver applications under immigration law, and if they have handled many similar cases.
