Consular Waiver

APPLICATION FOR A CONSULAR WAIVER

This type of waiver is required when the individual has a prior immigration violation, such as overstaying a visa, or when the individual has a communicable disease, a criminal conviction, or other grounds of inadmissibility.

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Consular Waiver

An application for a consular waiver is a legal document that is used by individuals who are seeking to enter the United States but are inadmissible due to certain grounds, such as prior immigration violations or certain health-related issues. This type of waiver is required when the individual has a prior immigration violation, such as overstaying a visa, or when the individual has a communicable disease, a criminal conviction, or other grounds of inadmissibility.

There are different types of Consular Waivers

There are several types of consular waivers that individuals may be required to apply for depending on their specific circumstances. These include:

Waiver I-212, this waiver is for deported or removed people from the United States.

Waiver I-601, this consular waiver is extremely strict with its requirements, as it is used for people with a criminal record within the United States.

Waiver I -601A, is primarily for certain immediate family members of lawful residents or citizens within the United States, which include: Spouses, unmarried children or undocumented parents.

Currently, the Consulate takes about 8 to 24 months to resolve Consular Forgiveness cases in their entirety, this can vary depending on the specific case. The cost depends entirely on each waiver. This cost is handled by the United States Citizenship and Immigration Services (USCIS).

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Consular Waiver Types

There are several types of consular waiver forms that may be used depending on the type of visa being applied for and the specific ineligibilities of the applicant. Some common types include:

Form I-130: This Consular Pardon form is used to apply through a family member who is a citizen or permanent resident.

Form I-485: This form is used when applying for the pardon and spontaneously with the Green Card or Permanent Residency application.

Form I-601:When you need to apply for a consular waiver for humanitarian reasons, such as a deportation waiver or criminal waiver, this is the ideal form.

The forms and requirements for a consular waiver can vary depending on the U.S Embassy or Consulate where you are applying. It is important to check the specific requirements for the waiver you are applying for and to fill out the forms correctly.

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What is a consular waiver?

A consular waiver is a document issued by the United States government that allows individuals who are otherwise ineligible for a visa to enter the country.

Who needs a consular waiver?

Individuals who have been previously denied a visa, have a criminal record, or have certain medical conditions may be required to obtain a consular waiver.

How do I apply for a consular waiver?

To apply for a consular waiver, you will need to submit a completed application, along with supporting documents such as a police clearance certificate, medical examination results, and any other relevant information.

How long does it take to get a consular waiver?

The processing time for a consular waiver can vary depending on the individual case and the workload of the consular office. It is recommended to apply well in advance of your planned travel date.

Can I apply for a consular waiver while inside the United States?

No, a consular waiver can only be applied for at a U.S. consulate or embassy outside of the United States.

Can I apply for a consular waiver if I have been previously denied a visa?

Yes, individuals who have been previously denied a visa may apply for a consular waiver.

Can I apply for a consular waiver if I have a criminal record?

Yes, individuals with a criminal record may apply for a consular waiver.

Can I apply for a consular waiver if I have a medical condition?

Yes, individuals with certain medical conditions may apply for a consular waiver.

Can I travel to the United States while my consular waiver application is being processed?

No, individuals are not allowed to travel to the United States while their consular waiver application is being processed.

Can I apply for a consular waiver if I have been previously deported from the United States?

It depends on the circumstances of the deportation. Individuals who have been previously deported may be barred from re-entry to the United States and may not be eligible for a consular waiver.

What happens if my consular waiver application is denied?

If your consular waiver application is denied, you will not be able to enter the United States. You may appeal the decision or reapply at a later time.

How long is a consular waiver valid for?

A consular waiver is typically valid for one year from the date of issuance.

Can I extend a consular waiver?

It is possible to extend a consular waiver, but it depends on the individual case and the discretion of the consular officer.

Can I apply for a consular waiver if I have overstayed my previous visa?

Individuals who have overstayed their previous visa may be barred from re-entry to the United States and may not be eligible for a consular waiver.

How much does a consular waiver cost?

The cost of a consular waiver varies depending on the type of visa and the location of the consulate or embassy.

Can I apply for a consular waiver if I have a previous immigration violation?

Individuals with previous immigration violations may be barred from re-entry to the United States and may not be eligible for a consular waiver.

Can a consular waiver be revoked?

Yes, a consular waiver can be revoked at any time by the U.S. government.