Immigration Waivers
Navigate Waivers with Confidence: I-601A & J-1 Visa Waivers
Certain immigration applicants must overcome specific legal barriers before obtaining a green card or visa. At Immigration Universe Attorneys, we help you apply for waivers that remove these obstacles, so you can continue your journey toward lawful status in the United States. Our experienced immigration waiver attorney will assess your case and guide you in applying for either a Provisional Unlawful Presence Waiver (I-601A) or a J-1 Visa Waiver, depending on your needs.
What Is an Immigration Waiver?
An immigration waiver is a legal solution that forgives certain grounds of inadmissibility. If you’re ineligible for a visa or green card due to prior unlawful presence, immigration violations, or specific visa requirements, a waiver may allow you to continue your immigration process.
Our office focuses on two main types of waivers:
- I-601A Provisional Unlawful Presence Waiver
- J-1 Visa Waiver for Two-Year Foreign Residency Requirement
I-601A Provisional Waiver for Unlawful Presence
Who Needs It?
This waiver is for individuals who have accrued unlawful presence in the U.S. and are subject to a 3- or 10-year bar when leaving the country. It is commonly used by people who are:
- Married to U.S. citizens or lawful permanent residents
- Planning to apply for their green card abroad
- Ineligible to adjust status within the U.S. due to entry without inspection
Benefits of the I-601A Waiver
- Apply before leaving the U.S.
- Reduce time spent abroad during consular processing
- Gain peace of mind with pre-approved reentry before your interview abroad
Eligibility Requirements
To qualify, you must:
- Be the beneficiary of an approved immigrant petition (Form I-130 or I-360)
- Have a U.S. citizen or permanent resident spouse or parent who would suffer extreme hardship if you were denied reentry
- Be physically present in the U.S. at the time of filing
- Not have other grounds of inadmissibility
J-1 Visa Waiver for Two-Year Home Residency
What Is the Two-Year Rule?
If you came to the U.S. under a J-1 exchange visa, you may be required to return to your home country for at least two years before applying for permanent residence or certain work visas.
This rule applies if:
- You received government funding (U.S. or foreign)
- Your occupation appears on your home country’s skills list
- You received graduate medical education in the U.S.
How the J-1 Waiver Helps You Stay
You may apply for a waiver of this requirement based on:
- Exceptional hardship to a U.S. citizen or LPR spouse or child
- Fear of persecution in your home country
- A no-objection statement from your home government
- Interest from a U.S. government agency
Our Approach: Tailored Immigration Waiver Strategies
At Immigration Universe, we understand that each waiver application is unique. Whether you’re applying for an I-601A waiver or a J-1 hardship waiver, we develop a personalized strategy to maximize your chances of approval. We prepare strong waiver packets that include:
- Evidence of qualifying relationships
- Medical, financial, or psychological documentation
- Legal arguments demonstrating extreme hardship or eligibility
Why Choose Us as Your Immigration Waiver Attorney
- Experience that matters: Our lead attorney has successfully handled dozens of I-601A and J-1 waiver cases.
- Clear communication: We explain the process step-by-step in English or Spanish.
- Strong legal support: We advocate effectively with USCIS, DOS, and consulates.
Start with a Personalized Waiver Consultation
Some immigration applicants face legal roadblocks—such as prior unlawful presence, visa overstays, or two-year home residency requirements—that must be resolved before obtaining lawful status in the U.S.
At Immigration Universe Attorneys, we help you identify the right waiver for your situation and prepare a strong, well-documented petition.
Whether you need an I-601 Hardship Waiver, I-601A Provisional Unlawful Presence Waiver, or a J-1 Visa Waiver, our team will evaluate your eligibility and guide you step-by-step.
Schedule a consultation today and move forward with a strategy that clears the path to your green card or visa approval.
If you think you are inadmissible as an immigrant, there might be an immigration waiver available for you. An immigration lawyer can make analyze your specific situation and decide what is right for you.
First, your entire immigration history must be considered. Immigration violations follow you indeterminately. Therefore, if the violation occurred more than 20 years ago, it will still follow you, and an immigration waiver will be required. If you do not remember and you do not have any documentation of the violation, an immigration lawyer can help you get a copy of your case.
The Freedom of Information Act is a federal law that allows you to apply for copies of your records without any immigration consequences. This is commonly known as a FOIA request. Our immigration attorneys can assist you in making FOIA requests to the different government agencies. Since there are different government agencies that may have your records, you must request the records from each agency separately. Once you receive your records, we can determine whether an inadmissibility waiver is needed or not and which waiver applies to you.
There are two types of immigration waivers. They are 1) provisional unlawful presence waiver (Form I-601A), and 2) waiver for grounds of inadmissibility (Form I-601). Each waiver has a different purpose.
The provisional unlawful presence waiver (Form I-601A) is for individuals who entered the United States without proper documentation. It allows you to apply for the immigration waiver while in the United States before you leave for your visa interview at the U.S. Embassy or Consulate abroad.
The Form I-601A waiver shortens the time that you are abroad and away from your loved ones in the United States. It also avoids the risk of not being able to reenter if the waiver is denied.
The Provisional Unlawful Presence Waiver (Form I-601A) is available for people who entered the United States without proper documentation and now want to apply for a Green card. The applicant is required to have an approved immigrant visa petition before applying for the I-601A waiver.
If you entered the U.S. without authorization and you are applying for a Green Card, you must leave the United States to obtain your immigrant visa abroad. However, you might encounter problems when you attempt to reenter the country after the interview. A Form I-601A provisional unlawful presence waiver allows you to apply from the U.S. and obtain a pardon before you leave the U.S. for your immigrant visa abroad. That way, your reentry to the U.S. will be quicker, and without the issues, you might otherwise face.
Yes. If you accrued more than 180 days of unlawful presence in the United States, you might be able to obtain a waiver of inadmissibility to overcome the unlawful presence bars before you leave the U.S.
In the past, you could not apply for a I-601A waiver until after you appeared for your visa interview abroad, and the Consular officer determines that you were inadmissible to the United States. The provisional unlawful presence waiver allows you to apply for the waiver in the United States before you leave for your visa interview. This shortens the time that U.S. citizens and lawful permanent resident family members are separated from their relatives.
If you are outside of the United States, you can also apply for a Form I-601 waiver after the consular officer determines that you are inadmissible to the United States.
To apply for a provisional unlawful presence waiver, the applicant must:
- be the spouse, son/daughter of a U.S. citizen or lawful permanent resident (LPR);
- be able to establish extreme hardship to the U.S. citizen or LPR spouse or parent; and
- justify a favorable exercise of discretion from the Immigration Director.
Immigration Waivers
If you’re unsure whether you qualify for an immigration waiver, don’t wait. A consultation can help clarify your options and protect your future. Contact us today to discuss your case with a dedicated immigration waiver attorney who can help you move forward with confidence.