Immigration Waivers

Top Attorneys Handling Immigration Waivers in Las Vegas, Reno, Los Angeles and Throughout The United States

You’ve heard the phrase there’s an exception to every rule. Well that’s the principal underlying immigration waivers. An immigration waiver permits a person who would otherwise be ineligible for admission to the United States or subject to deportation to request a relief under an exception. Outlined below are the three most common types of waivers.

Permission To Reapply For Admission To The United States After Being Removed

Persons who have been deported from the United States and are prohibited from reapplying for entry for significant periods of time may benefit from a Form I-212 waiver entitled an “Application for Permission To Reapply for Admission into the United States after Deportation or Removal.”

Generally, this type of application is available to those who have been removed by court order issued by an immigration judge, those who did not depart promptly after being directed to do so or those who were removed on the spot by the United States Customs and Border Protection service.

Whether this type of waiver is granted is often a highly subjective process that comes down to the immigration officer reviewing the paperwork. Often, an officer will look to factors such as whether you have close relatives living in the United States, whether denial of the application may cause a hardship to your U.S. relatives, whether you have shown remorse or reformed yourself (applies to those deported due to criminal charges), the period of time you previously lived in the United States, if you previously demonstrated good moral character and regard for U.S. laws and whether your admission to the United States would jeopardize national security.

Provisional Waiver Pending An Immigration Application

A United States citizen has the right to sponsor an immediate family member. Immigration law defines immediate relatives as a parent, a lawful spouse or a child under the age of 21. An immediate relative of a United States citizen can obtain a Green Card without leaving the United States by filing for Adjustment of Status so long as the immediate relative has been admitted or paroled into the United States by an immigration officer.

What happens if a person is in the country “illegally” (not paroled or inspected prior to entry) and subject to a ban should they leave? Under this scenario, the immediate family member can seek a provisional waiver while remaining in the U.S.. In March of 2013 the United States Citizenship and Immigration Service introduced a new waiver category, Form I-601A, that permits beneficiaries of immigrant petitions filed by a citizen spouse to seek a waiver of inadmissibility without having to leave the United States. In the past, the non-citizen spouse would have to leave and file for a waiver at a U.S. Consulate but risk being subjected to a potential 10-year ban on admission.

The I-601A provisional waiver is now adjudicated before the consular interview so that the immigrant spouse does not need to leave the United States. Once the provisional waiver is granted, the requirement for a consular interview is rendered moot. The only obstacle to the immigrant spouse obtaining a Green Card based upon marriage to a U.S. Citizen would be a criminal conviction. Otherwise, prior unlawful presence, can no longer serve as a basis for denial.

To be eligible for a provisional waiver of unlawful presence the applicant must be the beneficiary of an approved I-130 petition filed by an immediate relative, the applicant must not have a significant criminal record, the applicant can prove that the petitioning immediate relative will suffer extreme and unusual hardship if the waiver is not granted.

Abused Spouse Waiver

A marriage that starts as a dream can turn into a nightmare. A spouse that can demonstrate that he or she qualifies as a spouse subjected to “battery or extreme cruelty” may be eligible for a Green Card without the participation of the citizen spouse by filing a waiver under Form I-751. Remaining in an abusive marriage can not only be emotionally devastating but even physically harmful. Accordingly, the I-751 waiver is designed to permit a spouse to escape an abusive marriage without fearing the immigration consequences for doing so.

Obtaining a waiver can require proper planning. For this reason, it is extremely important to have an attorney on your side that can put you in a position to succeed. At The Federal Defenders, By Paul Padda Law our attorneys have the knowledge and skill to help you obtain a waiver.

We know the process and understand the pitfalls. Whether you’re in Las Vegas, Reno, Los Angeles or anywhere else in the United States, call The Federal Defenders can help.

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