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Family Immigration Law Ibarra Lindqvist

Family services

Waivers and past problems

Provisional unlawful presence waivers and other waivers, built on real proof of hardship.

Who this is for

A past overstay, entry or record could block your relative's green card.

Forms
I-601AI-601I-212I-130
Typical time
Waiver decisions often take a year or more, on top of the family case. Ranges change.
Flat fee
From $4,500, in writing. Government fees separate.
Language
English or español, start to finish

How it works

Some family cases hit a wall: time spent in the U.S. without status, a past entry without inspection, a misrepresentation, or certain criminal records. Leaving the U.S. after more than 180 days of unlawful presence can trigger a 3-year or 10-year bar to coming back.

A waiver asks the government to forgive the problem. The provisional unlawful presence waiver (Form I‑601A) is filed from inside the U.S. before the embassy interview, so families spend less time apart. Other problems use Form I‑601 or Form I‑212.

Most waivers require showing "extreme hardship" to a U.S. citizen or green card holder spouse or parent. That is a high standard. We build it with real documents: medical records, finances, country conditions and letters, and we tell you honestly how strong it looks before you file.

The forms, in plain words

  • I-601A Provisional unlawful presence waiver
  • I-601 Waiver of grounds of inadmissibility
  • I-212 Permission to reapply after removal
  • I-130 The family petition the waiver depends on

The steps, and who does what

Every step has an owner. You always know whether we are waiting on you, on us, or on the government.

  1. Our team

    Step 1: Find every problem

    We request government records so we know exactly what an officer will see.

  2. Our team

    Step 2: Hardship plan

    A list of the proof that matters for your qualifying relative: health, money, family, country conditions.

  3. You

    Step 3: Build the record

    Doctors' letters, school records, bills, statements. Luis tracks every item.

  4. USCIS

    Step 4: Waiver decision

    USCIS decides the waiver. For an I‑601A, this happens before your relative leaves for the interview.

  5. U.S. embassy

    Step 5: Interview abroad

    With an approved provisional waiver, your relative attends the embassy interview.

  6. Our team

    Step 6: If it is denied

    In many cases we can refile with new evidence. We explain every option in writing.

How long it takes

Waiver decisions often take a year or more, on top of the family case.

These ranges are long and they change. We check current published times with you and plan the family's calendar around honest numbers. We never promise a date.

Why cases wait

What to gather

  • Every immigration document your relative has ever had
  • Medical records for the qualifying relative
  • Proof of household income, debts and who depends on whom
  • School and care records for children, as they affect the qualifying relative
  • Letters from people who know your family

Do not have everything? That is normal. Luis, our senior paralegal, helps you find or replace missing records.

Tell us early about

  • Leaving the U.S. before the waiver is approved
  • A past removal order, which needs its own permission
  • Re-entering after a long overstay or a removal (the permanent bar, which a waiver may not fix)
  • Any past claim to be a U.S. citizen

None of these means your case is over. They mean it needs a plan before anything is filed.

Example outcome

Provisional waiver

Denied, refiled, still pending

Situation: A family whose case depended on an I-601A waiver.

What happened: The first waiver was denied because the hardship evidence did not meet the standard. We refiled with medical records and a professional evaluation. The second filing is still pending.

Example outcomes describe past matters in general terms, with details changed to protect privacy. Every case is different. They are not a promise or prediction of your result.

More example outcomes

Questions about waivers

What counts as extreme hardship?

More than the normal sadness of separation. Officers look at the whole picture: serious health conditions, financial loss, caregiving duties, conditions in the other country, and how they add up for your qualifying relative.

Does hardship to my children count?

For most waivers, the hardship must be to a qualifying relative: a U.S. citizen or green card holder spouse or parent. Children's needs matter through their effect on that person, and we show that connection clearly.

What if the waiver is denied?

Many denials can be refiled with stronger evidence. We read the denial with you line by line, tell you what it would take, and only refile if we believe the new case is stronger.

All questions and answers

Ready to
talk?

A 45-minute consultation with an attorney, in English or Spanish. We tell you the route, the flat fee and the honest range.

Book online

Five short steps. We reply within one business day.

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Visit us

1820 S Blue Island Ave, Suite 300, Chicago. Near the 18th Street Pink Line stop.

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Call us

English

(312) 555-0163

Español

(312) 555-0164
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