IMMIGRATION WAIVERS FOR ENTERING THE U.S.: OPTIONS FOR BOLIVIAN CITIZENS

Applying for a visa to enter the United States can be a complex process—especially for individuals who have faced immigration issues in the past. There are several reasons why a Bolivian or other Latin American citizen may be deemed inadmissible, such as unlawful presence, immigration fraud, or certain criminal convictions. Fortunately, in many cases, it is possible to request an immigration waiver before applying for a visa. These waivers allow individuals to overcome their inadmissibility and obtain legal authorization to enter the country.

Below, we outline the main types of waivers available to Bolivian citizens under the U.S. Immigration and Nationality Act (INA).

TYPES OF IMMIGRATION WAIVERS TO ENTER THE U.S.

1. UNLAWFUL PRESENCE WAIVER (I-601 OR I-601A)

Who needs it?
Individuals who remained in the U.S. without authorization for more than 180 days and now face a 3- or 10-year reentry bar after leaving the country.

Key requirement:
The applicant must prove that separation from a U.S. citizen or lawful permanent resident spouse or parent would cause “extreme hardship.”

Form to file:

• Form I-601 if the applicant is already outside the U.S.
• Form I-601A to request the waiver while still inside the U.S.

2. WAIVER FOR FRAUD OR MISREPRESENTATION (I-601)

Who needs it?
Individuals who lied on a visa application or used false documents to enter the U.S.

Key requirement:
It must be proven that the applicant’s removal would result in “extreme hardship” to a qualifying U.S. citizen or permanent resident family member.

Form to file:

• I-601.

3. WAIVER FOR CERTAIN CRIMES (I-601)

Who needs it?
Individuals with criminal records that make them inadmissible, such as:

• Crimes involving moral turpitude (e.g., theft, fraud).
• A single minor offense involving marijuana (less than 30 grams).

Key requirement:
Applicants must show that the offense occurred a long time ago, they have been rehabilitated, or their family would suffer “extreme hardship” if the visa is denied.

Form to file:

• I-601.

4. WAIVER FOR PRIOR REMOVAL OR DEPORTATION (I-212)

Who needs it?
Individuals who have been deported and wish to return to the U.S. before their reentry bar (5, 10, or 20 years) expires.

Key requirement:
Applicants must demonstrate good moral character, humanitarian reasons, or strong family ties in the U.S.

Form to file:

• I-212.

5. WAIVER FOR PERMANENT RESIDENTS WITH CERTAIN INADMISSIBILITY ISSUES (I-602)

Who needs it?
Permanent residents facing inadmissibility, usually in the context of adjusting status as refugees or asylees.

Form to file:

• I-602.

HOW TO IMPROVE YOUR CHANCES OF APPROVAL