IMBRA SECTION 832 WAIVER PETITIONS
LAST REVISED DATE: February 2007

WHAT IS A WAIVER PETITON AND WHY DO YOU NEED IT?

The International Marriage Broker Regulation Act ("IMBRA"), 8 USC §1375(a)(d)(2) (2005) et seq. imposes numerical and time limitations on how many K Visas you can do, and how quickly, in response to concerns about repeated and constant use of the K 1 Visa process by some U.S. Citizen petitioners.

NUMERICAL LIMIT: Under current USCIS reading of Section 832 of IMBRA , there is a numerical limitation to how K 1 Visas you can do freely without restriction, namely a "lifetime" limit of two (2) previously approved K-1 Visa petitions unless you can secure a Section 832 Waiver (or special exception) from Homeland Security. TIME LIMIT: Also, under current USCIS reading of Section 832 of IMBRA, if you have filed one approved K-1 Visa in the past 24 months, you must wait 24 months from the filing date of the last K Visa petition, before you may file a new K Visa petition, unless you secure a Section 832 Waiver (or special exception) from Homeland Security.

Under USCIS language in the new Form I-129F: "If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limted to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K [1] visa." For more, see USCIS Interoffice Memorandum Dated July 21, 2006 (International Marriage Broker Regulation Act Implementation Guidance.

WHAT DO WE DO AND HOW CAN WE HELP?

We will work with you closely to construct and formulate the best possible argument in support of a Waiver Request in your circumstances. We will prepare and file the Waiver Petition with supporting documentation of Exhibits, together with the underlying I-129F Petition for K 1 Visa. If the Waiver Petition is granted or approved, your fee for our Attorney Service will carry you to conclusion of the case (either visa issuance at the Consulate or final denial decision at Consulate). If your Waiver Request is not granted or approved, then we will discuss with you your legal remedies and options, and help you forumulate a decision and strategy going forward.

For those who choose to simply gather advice and information about the topic of Section 832 Waivers, and how to attempt a successsful Waiver Request under their case, we offer PAID TELEPHONE CONSULTATION AT VERY REASONABLE FEES ($100 for One Hour).

SOME ADDITIONAL COMMENTS ABOUT THE SECTION 832 WAIVER
*The IMBRA law and Section 832 Waivers are brand new. They are only now being implemeted by USCIS, with the first group of waiver request cases now having been processed and decided. Thus, no attorney or service has any extended experience with this type of waiver. Future promulgating regulations and court cases will offer better guidance as to successful waivers. However, our office is (and has been) in the lead in knowledge and commentary on IMBRA, and we have experience with analogous I-601 "extreme hardship" waivers.
*Not every request for Section 832 Waiver will be automatically approved or granted. We do NOT think that, merely for the asking, any and every waiver request for any reason will be automatically approved and granted. This would be especially true where the case might involve criminal background, domestic violence history or evidence of past visa abuse or simply an inadequate or insufficient reason for the request. We do think that the approval standard will probably be higher than a minimal cursory review. Thus, a carefully crafted, well thought-out, and cogent Waiver Request, butteressed with supporting documentation, is strongly advised in order to persuade the USCIS adjudicator. Waiver is about "fairness or equity", and thus we believe that a successful Waiver Request should be justified by "compelling equitable circumstances", and probably also by arguments on "extreme hardship" to the parties.
*The first group of 500 or so Waiver Request cases in the next 6 to 8 months will offer better guidance as to what constitutes a successful waiver. Future promulgating regulations and court cases will undoubtedly be very instructive also. This means that the first group of Waiver Request applicants must understand and accept that they will effectively be the "test cases" in this area.
*We do not promise or make any estimate of time regarding processing speed. We also think that a "rush filing" of a Waiver Request is not wise, as the proper preparation time and thought is necessary in our judgment for any hope of a succcessful Waiver Request.
*Naturally, we do not and cannot make any promise or guarantee of any result. In addition, due to our case workload and time restraints, we will agree to only handle a select group of Waiver Request cases which we feel may support a meritorious case for waiver.

IMBRA Section 832 Waiver Fees and Costs
$2000.00
*$350 Retainer-Deposit Requested (Non-Refundable)
Attorney Fee for Section 832 Waiver Petition
(Does Not Include Immigration Service Filing Fees, and Also Does Not
Include Any Appeals to the Board of Immigration Appeals or Federal Courts)
$340.00 Immigration Service Filing Fee for I-129F Petition (for K 1 Visa)

***Please note that these Fees and Costs do NOT pertain to Sex Offender Waivers under the Adam Walsh Child Protection and Safety Act of 2006, Title IV, Section 402 (42 U.S.C. §16911 et seq.).

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Gary G. Bala, USA Immigration Attorney.