US Waiver Service
Submit your US waiver with confidence. Get back on track to realize your American dream.
What is a US waiver?
You want to immigrate to the US, but you’ve encountered roadblocks. Maybe you’ve been denied entry, deported, or overstayed your visa. Whatever the circumstance, you’re eager to be in the US. You may be separated from a loved one, fear missing important milestones with your children, or are concerned about your family’s welfare. What are your options?
A US waiver could be your fastest path to enter the US or become a permanent resident. Depending on your circumstances, you have three options to obtain one:
- I-601: If you’ve been denied a US visa or the ability to change status due to past offenses or health conditions, you can apply for forgiveness with this waiver.
- I-601A: If you’ve overstayed your visa or are an undocumented immigrant who has an American relative in the US, you can apply for a waiver of unlawful presence via I-601A.
- I-212: If you’ve been deported or removed from the US, you can use this waiver to reapply for admission.
Who can apply for a US waiver?
A US waiver is available to relatives of US citizens or lawful permanent residents (LPR)—such as a spouse, parent, or child—who are presently inadmissible to the United States. If you’re unfamiliar with this term, inadmissibility means a person is ineligible to enter or stay in the US. Reasons for inadmissibility may be due to an applicant’s criminal record, their mental or physical health, or offenses like a visa overstay or deportation. The US waiver enables you to overcome certain inadmissibilities to obtain a US visa, LPR, adjustment of status, or other immigration benefits.
Who can apply for a US waiver?
Reason for inadmissibility: Whether you’re eligible for a US waiver depends on your specific inadmissibility. Not all are treated equally. Exceptions are made for some inadmissibilities, which may include DUIs, petty theft, misdemeanors, objections to specific vaccines based on religious beliefs, and overstays. Inadmissibilities that can’t be waived include being deemed a spy, terrorist, or drug trafficker, along with other serious offenses.
Extreme hardships: This is the primary reason the waiver is granted. Why are you applying? Your answer must be related to extreme hardship or humanitarian reasons. Some examples include political instability in your home country, being the caretaker of a child or elderly parent in the US, or seeking medical treatment only available in America. If not being allowed to enter the US will harm the livelihood of the applicant or applicant’s family, it’s more likely to qualify as a valid hardship.
Immigration benefits being sought: The type of application you’re submitting—whether it’s for an immigrant visa, adjustment of status, nonimmigrant status, or another benefit—has an impact on your application. It determines the requirements and paperwork you must fulfill as well as which exceptions you qualify for.
The US waiver application process
The application process for a US waiver is lengthy and complex, involving a comprehensive application and explanation, and delving deep into your personal history. While obtaining a US waiver may seem like an insurmountable task, it is possible if you meet the eligibility requirements. Below are some of the key parts of the application process to be aware of:
Required documents:
The documents you’ll need depend on the specific waiver you’re applying for as well as the benefit (visa type, status change, etc.) you seek. Below are some documents you may need to submit:
- Copy of passport
- Birth certificate
- Proof of citizenship of US relative Proof of relationship with US relative, which could include photos, email correspondences, marriage certificates, and letters
- Medical records
- School transcripts
- Tax returns and bank statements
- Affidavit of support from friends or family members
- Criminal records
- Documentation on any inadmissibilities or why you’re not allowed into the US, like evidence of overstays or misdemeanors
- Documentation about the political instability or humanitarian crisis in your home country
Timeline:
The application process can take anywhere from 12 to 22 months, depending on the unique details of your case and the current volume of waiver applications.
Costs:
US government fees depend on which waiver you apply for:
- I-601: $1,050
- I-601A: $795
- I-212: $1,175
I-601: $1,050 I-601A: $795 I-212: $1,175
Why choose us?
Baan Thai is:
10+ years experience in US immigration
Baan Thai is one of Bangkok’s few law firms that predominantly focus on immigration. We stay abreast of developments and best practices in US immigration law as active members of the American Immigration Lawyers Association. And our training, technology, and systems are all designed to make the US waiver process as efficient as possible. You’ll find few, if any, other firms in Bangkok who provide this same specialized support.
The best chance of approval
Obtaining a US waiver can be complex and applications undergo a high degree of scrutiny. At Baan Thai, we understand the factors USCIS will apply when deciding to grant or deny your application, and our service includes effective advocacy that presents your matter candidly and clearly. You’ll feel confident your application is presented in a way that has the best chance of approval.
Thai and American lawyers who understand your needs
If you’re a Thai national seeking a US waiver, you need a law firm that understands your culture and language, as well as the American legal system. That’s exactly what our staff of Thai and American lawyers offer. We can speak your native language, understand your unique challenges, and can provide in-person support from our Bangkok offices.
What our clients say
What our clients say
Superb service When I was planning to move to the United States with my fiancé, I felt so lucky that we were introduced to Khun Noina.
My husband and I were very happy to have Noina help us do our visa applications. I highly recommend her to anyone looking for a professional visa assistant
Khun Laddawan led a team effort for a complicated matter at the US embassy on behalf of my family. To carefully navigate complex issues and was able to complete the matter on-time and within budget.
Professional and amazing team, I would definitely recommend. Very pleasant and patient team. They will walk you from A to Z for all of your needs!!!
Free US waiver consultation
- Complete the form so we can learn more about your situation.
- One of our counselors will reach out within 48 hours to schedule your free, no-obligation consultation.
- If you decide we’re a good fit, we’ll start working on your case and preparing your paperwork.
Popular questions
The basic process is as follows:
- Prepare your application with supporting documentation and evidence of extreme hardship
- File your application at the appropriate USCIS office with your payment
- Wait for the USCIS decision
- Respond to their requests in a timely manner
For the I-601A waiver, you’ll also need to attend an in-person biometrics appointment after you’ve filed your application.
After you’ve filed your application, you can sign up for an online account at the USCIS website where you’ll be able to check your status.
Your eligibility depends on three things: your reasons for inadmissibility, the immigration benefits being sought, and the extreme hardship you’re facing. Here’s a quick summary of these three requirements:
- Your grounds for inadmissibility are the reasons you’ve been denied entry or the ability to stay in the US.
- The immigration benefits are the type of stay you’re seeking: immigrant visa, nonimmigrant status, or adjustment of status.
- Extreme hardships are the main reason why you want the waiver—reunite with family, escape political instability or persecution in your home country, get medical treatment, etc.
Whether your inadmissibility makes you ineligible depends on the details of your offense/circumstances and which benefit you’re applying for. For your hardship to qualify, it must be extreme and have an impact on the livelihood of yourself or a US relative.
The timeline depends on the current volume of waiver applications, the complexity of your case, which waiver you apply for, and the benefits you seek. Timelines currently range from approximately 12-22 months.
Provide thorough and accurate documentation, and be transparent—list any reasons for inadmissibility with supporting documentation, like medical or criminal records. Also, respond to any requests from the USCIS in a timely manner. Lastly, it’s highly recommended to engage a legal firm, like Baan Thai, to guide you through the process, as doing so can give you an advantage. We know what USCIS immigration officers are looking for and can present your case in the best possible light.
