Our immigration waiver lawyer has helped countless clients overcome obstacles in their quest to the American dream. If you are facing inadmissibility due to criminal conviction or past immigration fraud, we can help you qualify for a waiver by demonstrating extreme hardship.
Generally, the applicant must show that their denial would result in extreme hardship to their immediate U.S. citizen spouse, parent or child. However, this is a very difficult standard to meet.
Grounds of Inadmissibility
Some reasons for inadmissibility can be waived, particularly if the disqualifying behavior has been resolved. For example, a person who was inadmissible due to an unresolved health issue that has since been cleared up may be able to apply again once the problem is gone.
People who have committed crimes of moral turpitude are also generally inadmissible. This class includes offenses that are deemed base, vile or depraved, and it can even include certain diseases like leprosy (infectious) and lymphogranuloma venereum.
Finally, those who are applying for asylum, refugee status or VAWA will usually have their unlawful presence, misrepresentation, and criminal grounds waived. This is because these applicants have difficult life circumstances that USCIS is more understanding of. In addition, they will likely be able to prove extreme hardship to a qualifying relative.
The I-601 waiver exempts people who have certain crimes from being inadmissible to the United States. It can be filed by those who have committed offenses related to drugs or driving under the influence of alcohol and also a few other criminal offenses.
An attorney can help prepare a strong application that includes compelling arguments and evidence that shows qualifying family members will suffer extreme hardship if the immigrant must return to their home country. Unlike what some people believe, this process is not simply about filling out a form.
The new rules significantly reduce the amount of time that families must live apart as their I-601 waiver is processed. Nonetheless, the new rules are complex and should be carefully reviewed before submitting an I-601 waiver.
Aliens who have been found inadmissible to the United States based on serious immigration violations can request a 212 waiver. This waiver allows the alien to re-apply for admission to the United States after the period of time that makes them inadmissible has expired.
The application must include official documentation from the removal proceedings that indicates under which provision of law the alien was found inadmissible to the United states. It is important to disclose all crimes, misrepresentations and fraud claims because multiple immigration violations result in multiple bans.
Usually, a 212(h) Waiver is granted when the alien can prove that their U.S citizen family would suffer extreme hardship if they are deported. This typically involves a spouse or child. The alien can also qualify if they left the United States voluntarily rather than being removed or ordered to leave by an order of removal.
A foreign national who wishes to immigrate as the spouse or child of a U.S. citizen must file a Petition for Alien Relative (Form I-130) with USCIS. A waiver of the three- or ten-year unlawful presence bars can be included in this application. To be approved, the Qualifying Relative must present extreme hardship in the form of a legal memorandum, which will benefit from the preparation and support of an experienced immigration attorney.
A qualified lawyer can explain what documents are necessary for an I-130 Waiver, as well as how much time a waiver could take to process. An immigration attorney can also help a client avoid hiring a fraudulent “immigration consultant” or “notario,” which could be a costly mistake with potentially severe consequences for the visa application and family’s future together in the United States.
Applicants who meet the requirements of the National Interest Waiver (NIW) immigrant category can speed up their permanent residency process. However, NIW petitions require a thorough strategy to prove that you qualify for the category. A skilled immigration attorney can help you navigate the complexities of this unique category.
In order to file an I-140 petition, you need a sponsoring employer and qualifying work experience. You may also need to submit various documents such as educational records, employment verification letters, and physical examination records.
USCIS will review your Form I-140 to determine whether you meet the eligibility requirements. If necessary, they will send you a Request for Evidence (RFE) asking for more information or additional documents. You should respond to the RFE as soon as possible.