Prima.Law

Immigration Waiver Case Management Software

Run I-601 waivers, I-601A provisional waivers and I-212 permission to reapply cases in one system, with hardship evidence checklists, indexed exhibit packages and USCIS receipt tracking.

Templates by Lawyers

Waiver case types, created and maintained by active immigration lawyers, add the forms, case flow items and a hardship evidence checklist when the case opens.

Immigration History

Smart Interviews collect entries, exits, removals, arrests and prior filings, and the answers import into the contact profile and the waiver forms.

Exhibit Packages

Package Assembly turns forms, hardship evidence and declarations into one indexed, paginated PDF with exhibit sheets and a table of contents.

Portal and Receipts

Clients upload evidence to the checklist and see USCIS receipt numbers and case statuses in the portal. Your team gets alerts on changes.

About Immigration Waivers

A person who is inadmissible cannot be admitted or get a green card unless the ground is overcome. Depending on the ground and the benefit sought, USCIS may grant a waiver if the applicant meets every statutory and regulatory requirement and merits a favorable exercise of discretion. Some grounds have no waiver, and some have an exception that needs no application.

Most family-based waivers are filed on Form I-601 or Form I-601A. Form I-601 covers health, certain criminal, fraud or misrepresentation, unlawful presence and other grounds. Form I-601A lets certain immigrant visa applicants in the United States seek a provisional waiver of unlawful presence only, before the consular interview.

Consent to reapply on Form I-212 is not a waiver. USCIS describes it as a separate remedy for people inadmissible under INA 212(a)(9)(A) after removal, or under INA 212(a)(9)(C) after a prior violation and unlawful reentry. Many clients need an I-212 together with an I-601 or I-601A.

Clients This Case Type Helps

  • Spouses and children of U.S. citizens with prior unlawful presence
  • Immigrant visa applicants found inadmissible at the consular interview
  • Adjustment applicants with criminal history or a past misrepresentation
  • People with a prior removal order who now have an approved petition
  • Clients who reentered unlawfully after removal or a year of unlawful presence
  • K-1 fiancé(e)s and VAWA self-petitioners who need a waiver

Main Waiver Routes

  • Form I-601A: provisional waiver of the 3- and 10-year unlawful presence bars, filed in the U.S. before the immigrant visa interview.
  • Form I-601 under INA 212(a)(9)(B)(v): unlawful presence waiver for applicants abroad after the interview, or for adjustment applicants.
  • Form I-601 under INA 212(i): waiver of fraud or willful misrepresentation, based on extreme hardship to a qualifying relative.
  • Form I-601 under INA 212(h): waiver of certain criminal grounds, by extreme hardship, rehabilitation after 15 years, or VAWA approval.
  • Form I-601 under INA 212(g): waivers of certain health-related grounds, such as a communicable disease or the vaccination requirement.
  • Form I-212: consent to reapply after removal under INA 212(a)(9)(A), or after 10 years outside the U.S. under INA 212(a)(9)(C).

Grounds of Inadmissibility at a Glance

GroundINA SectionWhat Triggers ItWaiver or Relief
Unlawful presence: 3-year barINA 212(a)(9)(B)(i)(I)More than 180 days but less than 1 year of unlawful presence, then departure from the U.S.Form I-601A before the interview, or Form I-601 under INA 212(a)(9)(B)(v); extreme hardship to a U.S. citizen or LPR spouse or parent
Unlawful presence: 10-year barINA 212(a)(9)(B)(i)(II)1 year or more of unlawful presence, then departure and seeking admission within 10 yearsSame as the 3-year bar: Form I-601A or Form I-601 under INA 212(a)(9)(B)(v)
Permanent barINA 212(a)(9)(C)Entry or attempted entry without admission or parole after more than 1 year of unlawful presence in the aggregate, or after a removal orderForm I-212 consent to reapply, only after 10 years outside the U.S.; Form I-601 for certain VAWA, NACARA and HRIFA applicants
Prior removalINA 212(a)(9)(A)Removal, or departure under an outstanding removal order, then seeking admission within 5, 10 or 20 years, or at any time after an aggravated felonyForm I-212 consent to reapply, or remaining outside the U.S. for the full period
Fraud or willful misrepresentationINA 212(a)(6)(C)(i)Willful misrepresentation of a material fact to a U.S. official to obtain a visa, admission or other immigration benefitForm I-601 under INA 212(i): extreme hardship to a U.S. citizen or LPR spouse or parent (VAWA rules differ)
Criminal groundsINA 212(a)(2)Crimes involving moral turpitude, controlled substance violations, multiple convictions, prostitution and related conductForm I-601 under INA 212(h) for certain offenses; for drugs, only a single simple possession of 30 grams or less of marijuana
Health-relatedINA 212(a)(1)Communicable disease of public health significance, missing vaccinations, a disorder with harmful behavior, or drug abuse or addictionForm I-601 under INA 212(g) for certain health grounds, on the conditions each ground sets
Public chargeINA 212(a)(4)A finding that the applicant is likely at any time to become a public chargeNo waiver for most applicants seeking LPR status; narrow exceptions, such as INA 245(j) witnesses and certain legalization applicants
False claim to U.S. citizenshipINA 212(a)(6)(C)(ii)Falsely claiming U.S. citizenship on or after Sept. 30, 1996, for any purpose or benefit under federal or state lawGenerally no waiver for immigrants; the INA 212(i) fraud waiver does not apply. Limited exceptions exist

How Waivers Are Decided

USCIS first decides whether the applicant meets the statutory and regulatory requirements of the specific waiver, then decides whether to grant it as a matter of discretion. Meeting the requirements alone does not entitle the applicant to relief, and the applicant carries the burden of showing a favorable exercise of discretion.

For waivers that require extreme hardship, the hardship must fall on a qualifying relative named in the statute who is alive when the waiver is filed and decided. Hardship to the applicant or to a non-qualifying relative counts only as it affects a qualifying relative. Hardship to one qualifying relative is enough, and the hardships of several qualifying relatives can be considered together.

  • Qualifying relatives: a U.S. citizen or LPR spouse or parent for INA 212(a)(9)(B)(v) and 212(i); also a son or daughter for INA 212(h).
  • Family ties and impact: caregiving duties, length of residence, and the nature of the relationship.
  • Social and cultural impact: fear of persecution or discrimination, language barriers, and loss of access to U.S. courts.
  • Economic impact: loss of income, losses from selling a home or business, and a lower standard of living abroad.
  • Health conditions and care: availability and cost of treatment abroad, and psychological effects of separation or relocation.
  • Country conditions: violence or unrest, a TPS designation, and State Department travel warnings.
  • Particularly significant factors include a qualifying relative's military service, a disability determination, or a prior grant of asylum or refugee status.
  • Discretion weighs favorable factors, such as family ties and rehabilitation, against negative ones, such as criminal history or repeated immigration violations.

Consultation Screening Questions

  1. How and when did the client enter the U.S. each time, and were they inspected and admitted or paroled?
  2. Has the client ever left the U.S. after more than 180 days of unlawful presence? When, and for how long?
  3. Has the client ever been removed, deported or excluded, or left while a removal order was outstanding?
  4. After any removal or a year of unlawful presence, did the client reenter or try to reenter without inspection?
  5. Has the client ever been arrested, charged or convicted anywhere, and are certified court records available?
  6. Has the client ever used false documents, misstated facts to an official, or claimed to be a U.S. citizen?
  7. Who are the client's U.S. citizen or LPR spouse, parents and children, and what hardships would they face?
  8. Is there a pending petition, NVC case, I-485 or removal proceeding, and what stage is it at?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in Waiver Practices

Hardship Evidence Piles Up

Extreme hardship cases rely on medical, financial, school and country records for several relatives, and files arrive in pieces over months.

How Prima.Law helps: Each waiver case type has a detailed, proven checklist built by active immigration lawyers. Clients upload hardship records to it in the portal, and staff mark items complete as they arrive.

Immigration Histories Are Hard to Map

Entries, exits, removals, arrests and old filings decide which grounds apply, but clients remember dates loosely and records are scattered.

How Prima.Law helps: Smart Interviews ask adaptive questions about each entry, departure, removal and arrest on any device, and the answers import into the contact profile and the waiver forms.

Long Waits, Constant Status Calls

Waiver decisions can take a long time, and clients and their qualifying relatives call often to ask whether anything has changed.

How Prima.Law helps: USCIS receipt tracking logs each receipt, updates status in one click and alerts the team on changes, while the client portal shows receipt numbers and case statuses automatically.

Waiver Case Types

I-601 Waiver

Waivers of unlawful presence, fraud, criminal, health and other grounds.

I-601A Provisional Waiver

Provisional unlawful presence waivers filed in the U.S. before the consular interview.

I-212 Permission to Reapply

Consent to reapply after removal or after unlawful reentry under INA 212(a)(9).

How Prima.Law Helps Waiver Practices

How a Waiver Case Runs in Prima.Law

From history review to decision in one file

01

Open the Case

Pick the I-601, I-601A or I-212 case type. Forms, case flow items and the evidence checklist load at once.

02

Map the History

Send a Smart Interview on entries, exits, removals and arrests. Answers flow into the profile and forms.

03

Build the Package

Collect hardship evidence, assemble an indexed exhibit package and run AI Case Review before mailing.

04

Track to Decision

Log the USCIS receipt, follow status changes and plan NVC or consular steps around the decision.

Related Features

Smart Interviews

Adaptive intake questionnaires that import into your forms.

Package Assembly

Indexed, paginated filing packages in minutes.

AI Case Review

AI review of assembled packages, with page-linked answers.

Case Templates

140+ predefined case types with forms and checklists.

Ready to See It in Action?

Book a demo and see how Prima.Law runs your waivers cases.

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