Many people have done certain things (such as committing a crime or entering the United States illegally) that could make it more challenging to get permission from the government to stay in the United States. This is one benefit of the U-Visa that differs from most other visas is. The government will choose to forgive almost anything you have done in the past as long as you ask for it. This process of asking the government for forgiveness is called a “waiver.” Asking for a waiver, you will list all of the things you want the government to forgive. Usually, the government is generous in granting these waivers for most U-Visa applicants, so you should be completely honest about all the intentions why you need a waiver.
There are many reasons when you may need a waiver. If you do not know if you need a waiver, it is best to apply for a waiver anyway.
Here is the list of some of the acts that require a waiver if you have broken immigration laws:
- coming to the United States without or with someone else’s papers
- returning to the country after your deportation
- lying that you were a U.S. citizen
- missing to show up to immigration court for a hearing
- committed almost any crime, including drug offense, theft or fraud, crimes involving violence, helping a non-citizen enter the country illegally, and prostitution
- having a severe infectious disease (except HIV)
- addicted to drugs
- having certain physical or mental disorders
- practicing polygamy
- voted illegally
If you have repetitious criminal offenses, you should find a lawyer who will assist you with your U-Visa application. Although it is possible to go through the process of obtaining a U-Visa on your own, a lawyer can help you if your application is more complicated.