IMMIGRATION SERVICES
A past immigration problem does not always end your path to a green card. A waiver may let the government forgive it so your family can stay together.
Attorney James Betzold · 17+ years of experience · Nationwide service by phone or video
For Information Only
This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.
Many people who could get a green card through a family member are blocked by something in their past: time spent in the U.S. without status, a past deportation, an old criminal case, or a mistake on an earlier immigration application. The law calls these problems “grounds of inadmissibility.” In many cases, the government can forgive them through an immigration waiver, sometimes called a “pardon” or “perdón.”
A waiver is not automatic. For most waivers, you must show that being separated from you, or moving abroad with you, would cause extreme hardship to a close family member who is a U.S. citizen or permanent resident. This page explains the main types of waivers, who may qualify, and what generally cannot be forgiven.
You may qualify for a waiver if:
“Unlawful presence” generally means time spent in the U.S. after entering without permission or after a visa or permission to stay ran out. Time before age 18 usually does not count, and there are other limited exceptions.
The bars are triggered when you leave the country. This is a serious problem for people who must finish their green card case at a U.S. consulate abroad, because leaving for the interview can trigger the bar.
The provisional waiver lets certain people ask for forgiveness of the 3- or 10-year bar before they leave the U.S. for their consular interview. This can greatly reduce the time a family is separated.
You may be eligible for the provisional waiver if:
You are generally not eligible if you are in removal proceedings that are active, or if you have a final deportation order, unless permission to reapply has first been approved. Children who are U.S. citizens do not count as qualifying relatives for this waiver.
Some people need a broader waiver, usually decided after the consular interview or as part of a case inside the U.S. This waiver can cover:
If you were deported (removed), or left while under a removal order, you are generally barred from returning for a period of time, often 5, 10, or 20 years, depending on your history. To come back sooner, you need the government’s permission to reapply for admission. Officers weigh positive factors, such as family ties in the U.S. and rehabilitation, against negative ones, such as the reasons for the removal.
The permanent bar applies to people who:
This is one of the hardest problems in immigration law. In most cases, the person must stay outside the U.S. for at least 10 years before asking for permission to reapply. There are narrow exceptions, including for some victims of domestic violence and trafficking.
“Extreme hardship” means hardship beyond the normal pain of family separation. Officers look at all the facts together, including:
Hardship to the qualifying relative is what counts. Hardship to you or to U.S. citizen children matters mostly as it affects the qualifying relative. Strong evidence is essential.
Some problems generally cannot be waived, or can be waived only in rare situations:
Other things can also lead to a denial:
Under current government policy, a denied application can sometimes lead to removal proceedings. This is one reason a careful review before filing matters so much.
A waiver is not a status by itself, but an approved waiver can:
The provisional waiver only forgives unlawful presence and is decided while you are still in the U.S., before your consular interview. The general waiver can cover more problems, such as certain crimes or fraud, and is often decided after the interview.
Not for the unlawful presence or fraud waivers. Those require a U.S. citizen or permanent resident spouse or parent. A U.S. citizen son or daughter can count for some criminal waivers. A child’s hardship can still matter if it affects your qualifying relative.
There is no single test. Officers look at health, money, family ties, country conditions, education, and more, all together. Normal sadness from separation is usually not enough on its own.
Maybe not right away. Re-entering without permission after more than a year of unlawful presence, or after a deportation, can trigger the permanent bar. An attorney should review your exact entry and exit history.
Possibly. Many people can ask for permission to reapply. How long you must wait and whether you also need a waiver depends on your history.
No. A waiver forgives a specific problem. You must still meet all other requirements, and the decision is up to the officer’s discretion.
A past mistake does not have to define your future. Attorney James Betzold can review your history, identify which waivers may apply, and explain your options honestly. Call +1 (833) 847-2335 today for a consultation by phone or video. We help families nationwide.
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.
