Past Immigration Mistakes Standing in Your Way?

Waivers of inadmissibility can overcome many serious barriers to U.S. immigration, but only when properly prepared.

Don’t let one mistake permanently separate your family. Let our experienced attorneys help secure your second chance.

Second Chances Exist in Immigration Law. We’ll Help You Find Yours.

“Inadmissible.” That single word from an immigration officer can shatter dreams, separate families, and end careers. Whether it’s a past mistake, a paperwork error, or a health issue, being deemed inadmissible to the United States feels like hitting an impenetrable wall.

But here’s what many don’t realize: that wall often has a door. Waivers of inadmissibility provide legal pathways around barriers that seem insurmountable. At Holden Law Firm, we’ve helped countless immigrants in Gainesville and throughout Georgia secure these critical waivers and move forward with their immigration journeys despite serious obstacles.

Common Issues That Trigger Inadmissibility

Immigration law contains numerous grounds that can make you “inadmissible” to the United States:

  • Unlawful presence – Staying in the U.S. beyond your authorized period
  • Misrepresentation or fraud – Providing false information or documents
  • Criminal convictions – From minor offenses to serious crimes
  • Health-related grounds – Certain communicable diseases or mental disorders
  • Prior removals or deportations – Previous immigration violations
  • Smuggling – Helping others enter unlawfully
  • False claims to U.S. citizenship – One of the most serious violations
  • Immigration violations – Including unlawful entry and visa abuse

Types of Waivers We Handle

I-601 Waiver of Grounds of Inadmissibility

The most common waiver we prepare addresses:

  • Unlawful presence bars (3-year, 10-year, and permanent)
  • Fraud or misrepresentation
  • Certain criminal offenses
  • Health-related grounds
  • Prior immigration violations

Success requires proving “extreme hardship” to qualifying relatives who are U.S. citizens or permanent residents.

I-601A Provisional Unlawful Presence Waiver

This specialized waiver allows those with unlawful presence to:

  • Apply for the waiver before leaving the U.S.
  • Reduce family separation time
  • Minimize risks of consular processing
  • Return to the U.S. more quickly after visa approval

Our expertise in documenting extreme hardship is critical to I-601A approval.

I-212 Permission to Reapply After Deportation/Removal

For those previously deported or removed, this waiver is essential. We help demonstrate:

  • Genuine rehabilitation
  • Family ties in the United States
  • Time elapsed since removal
  • Humanitarian considerations
  • The positive equities that justify a second chance

Nonimmigrant Waivers (I-192 and I-190)

For temporary visitors facing inadmissibility, we secure waivers by proving:

  • The violation was relatively minor
  • Significant time has passed
  • The visit serves legitimate purposes
  • No threat to U.S. safety or security exists

J-1 Visa Two-Year Home Residency Requirement Waivers

Exchange visitors can face requirements to return home for two years. We navigate waivers based on:

  • No objection statements from home countries
  • Persecution concerns
  • Exceptional hardship to family members
  • Interested government agency requests

Our Proven Waiver Approval Strategy

Comprehensive Case Analysis

Every successful waiver begins with thorough analysis:

  • Identifying all potential grounds of inadmissibility
  • Determining which waivers are available
  • Identifying qualifying relatives for hardship-based waivers
  • Assessing likelihood of approval under current policies
  • Developing alternative strategies when waivers aren’t viable

Powerful Documentation of Extreme Hardship

For hardship-based waivers, compelling evidence makes all the difference:

  • Psychological evaluations and medical assessments
  • Educational impact documentation for children
  • Economic analysis of family separation
  • Country conditions research on healthcare, education, and safety
  • Expert opinions on special needs and vulnerabilities

Strategic Presentation of Positive Equities

USCIS and State Department officials have discretion in waiver cases. We present the full context:

  • Community involvement and contributions
  • Tax compliance and financial responsibility
  • Steady employment history
  • Family responsibilities
  • Rehabilitation evidence
  • Letters of support from community members

Direct Addressing of Negative Factors

Ignoring problems doesn’t make them disappear. We address concerns head-on:

  • Providing context for past misconduct
  • Documenting rehabilitation and changed circumstances
  • Explaining mitigating factors
  • Demonstrating understanding of past mistakes
  • Showing commitment to lawful behavior

Common Waiver Situations We Handle

Family Separation Hardship Cases

When a spouse or parent faces inadmissibility, we help document how separation would cause extreme hardship:

  • Mental health impacts on U.S. citizen relatives
  • Financial dependency and economic hardship
  • Special needs children requiring both parents’ care
  • Medical conditions requiring family support
  • Educational disruptions for children

Criminal Inadmissibility Waivers

Past mistakes shouldn’t forever bar immigration benefits. We help overcome criminal inadmissibility by:

  • Analyzing whether the conviction actually triggers inadmissibility
  • Pursuing post-conviction relief when appropriate
  • Documenting rehabilitation and good moral character
  • Building compelling hardship evidence for qualifying relatives
  • Addressing addiction recovery and counseling compliance

Fraud and Misrepresentation Cases

Even serious immigration violations can be waived. Our approach includes:

  • Contextualizing the misrepresentation
  • Showing it was not part of a pattern of dishonesty
  • Documenting the hardship waiver standard
  • Presenting evidence of honesty and integrity since the violation
  • Explaining cultural or situational factors when relevant

Medical and Health-Related Waivers

Certain medical conditions can trigger inadmissibility. We help by:

  • Securing specialized medical evaluations
  • Documenting treatment plans and compliance
  • Providing evidence of health insurance coverage
  • Addressing public charge concerns
  • Proving the condition will not pose public health risks

Why Choose Holden Law Firm for Your Waiver Case

We Understand What Actually Convinces Immigration Officials

Generic hardship claims rarely succeed. We know what evidence makes the difference between approval and denial based on years of experience with successful waiver cases.

We Focus on Comprehensive Evidence Packages

Our waiver applications include exhaustive documentation—often hundreds of pages of relevant evidence—leaving no room for doubt about eligibility and deservingness.

We Balance Honesty with Strategic Presentation

Effective waiver applications don’t hide problems—they present them in context while emphasizing rehabilitation, changed circumstances, and positive equities.

We Have Experience with Difficult Cases

From serious criminal issues to complex fraud matters, we’ve helped clients overcome significant inadmissibility barriers when other attorneys said it was impossible.

Don’t Accept Permanent Separation as Your Family’s Fate

Every year, thousands of immigrants are unnecessarily separated from their families because they don’t realize waivers are available or don’t know how to properly document their case.

At Holden Law Firm, we’ve reunited families others considered permanently separated. We’ve helped immigrants with serious inadmissibility issues secure green cards, work visas, and visitor status through carefully prepared waivers.

Inadmissibility doesn’t have to be the end of your immigration journey. Contact us today to schedule a consultation at our Gainesville office and explore your waiver options.

The information provided on this page is general in nature and not intended as legal advice. Every case involves unique circumstances, and waiver eligibility varies based on specific facts. Please contact our office for guidance specific to your situation.

How long does the waiver process take?

Processing times vary by waiver type and processing location. Currently, I-601A provisional waivers typically take 4-8 months for a decision. Standard I-601 waivers processed at U.S. consulates abroad may take 3-12 months. I-212 permissions to reapply after removal average 6-12 months. During your consultation, we can provide current timeframes based on your specific situation.

What qualifies as "extreme hardship" for a waiver?

Extreme hardship exceeds the normal difficulties of family separation. Factors that strengthen hardship claims include: serious medical conditions requiring treatment unavailable abroad, special needs children dependent on U.S. educational services, significant financial dependence, dangerous country conditions, and severe psychological impact. Multiple hardship factors combined create the strongest cases.

Can any immigration violation be waived?

Not all grounds of inadmissibility have waivers available. False claims to U.S. citizenship, certain security violations, and some criminal offenses have limited or no waiver options. However, many serious violations—including extended unlawful presence, fraud, and numerous criminal convictions—can be waived with proper documentation and legal strategy.

What happens if my waiver is denied?

If a waiver is denied, options may include: filing a motion to reopen/reconsider with new evidence, reapplying with a stronger case after addressing weaknesses, pursuing alternative immigration pathways, or appealing to the Administrative Appeals Office. We develop contingency plans for all waiver cases, recognizing the high stakes involved.

Do I need to leave the United States to apply for a waiver?

It depends on your situation and waiver type. I-601A provisional waivers are filed and processed while you remain in the U.S., though you’ll still need to attend a consular interview abroad. Standard I-601 waivers are typically filed during consular processing outside the U.S. We can help determine which process applies to your circumstances and develop strategies to minimize separation time.

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lawyer giovanna holden represents the Georgia immigrant community.

Hello! I am lawyer Giovanna Andrea Holden. I am dedicated to helping our Hispanic community acquire or protect their legal status

I was born in Colombia and immigrated to the United States at age 19 along with my parents and siblings. Fortunately, my maternal grandfather became a US citizen and was able to apply for us. Although the wait time was long, I managed to reach the United States before I could no longer qualify for residency due to my age.

Like many children of immigrants, I have always kept in mind the sacrifice my parents made when coming to a new country to give us a better life and more opportunities. Therefore, I decided to strive during my studies to become a lawyer. I completed my undergraduate studies at Brenau University in Gainesville, Georgia.

Giovanna Holden

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