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Seeking Immigration Waivers For Immigrants Who Need Them

There are multiple scenarios in which a foreign national seeking entry into the United States may be denied entry at the border. This is known as inadmissibility, but there is an immigration waiver protocol available to get around this in some cases. If you or a family member is struggling to gain entry to the U.S. or have been denied, an immigration attorney can help with the immigration waiver process. Our legal practice has successfully helped many families get immigration waivers. Call Getachew & Ansari Immigration Attorneys, P.C. today at 408-292-7995 or reach out online if you need assistance with a waiver. In other circumstances when an individual cannot obtain a green card either because of a crime in the past or other grounds, we have prepared and submitted winning waiver packages. For individuals who were ordered to be deported and have to wait five or 10 years, we have won waivers and reunited families in a relatively short period of time. We can help with both the I-601 (Application for Waiver of Grounds for Inadmissibility), and I-212 (Application for Permission to Reapply for Readmission into the United States After Deportation or Removal. For spouses of U.S. citizens seeking to stay in the country, we can assist with the I-601A (Application for Provisional Unlawful Presence Waiver).

Cases Where Immigration Waivers Are Needed

Inadmissibility can happen because of criminal acts in your past or previous immigration violations. The types of immigration waiver cases we deal with on a daily basis include denial of entry due to:

  • Unlawful presence – being in the country unlawfully, either by entering unlawfully or by lawful status expiring (such as overstaying a visa)
  • Health threats – having a health condition or contagious disease that poses a threat to others, such as tuberculosis or Ebola
  • Criminal history – having a history of committing certain crimes, such as crimes of moral turpitude (crimes with intent), prostitution, gang membership, or drug offenses
  • Misrepresentation or fraud – having committed misrepresentation or fraud for immigration benefits
  • Smuggling – bringing another foreign national into the country unlawfully

The category of inadmissibility can be very broad, and there can be other reasons why someone is denied entry into the U.S. border. In some instances, national security issues, lack of labor certification, and prior removals may also apply. It should be noted that leaving the United States to apply for a green card can also result in not being allowed back into the country. We try to provide reasons why a waiver should be granted in each of these cases, as well as prove hardship to qualifying family members in the U.S. (see below). For example, a waiver is sometimes granted for lack of vaccination status if the applicant has long-held religious beliefs against immunization.

The Immigration Waiver Application Process In San Jose

Like everything else involving immigration to the United States, there is a strict process for applying for a waiver for inadmissibility. This starts with filling out an immigration waiver form. There are multiple versions of this form, but our clients typically use one of the three listed below.

Form I-601

This form usually applies to the following circumstances:

  • Applicant was found inadmissible during an interview with a consular officer.
  • Applicant meets most categories in the adjustment of status process.
  • Person has applied for temporary protected status (TPS).
  • Applicant has applied for adjustment of status under the Nicaraguan Adjustment and Central American Relief.
  • Applicant is a self-petitioner or child of a self-petitioner for adjustment of status under the Violence Against Women Act (VAWA).
  • Applicant is seeking adjustment of status under T nonimmigrant status.
  • Applicant is seeking adjustment of status as a Special Immigrant Juvenile (SIJ) following approval of Form I-360.

If you are outside the U.S. and have been deported or removed, you must also file form I-212 (see below) along with form I-601.

Form I-601A

Form I-601A is a standalone application used by applicants currently present in the US. We use this form to waive the time an applicant is banned from the United States if they have overstayed a visa or have lived in the U.S. without U.S. citizenship, a valid visa, or a green card. To file form I-601A, the applicant must meet these criteria:

  • Be physically present in the United States
  • Be at least 17 years old
  • Have an immigration case pending with the U.S. Department of State

Form I-212

An I-212 waiver form must be filed when an applicant seeking entry to the U.S. has been previously deported or removed. There are various inadmissibility periods surrounding removal cases, from five years to permanent barring. An experienced immigration attorney can help you understand how form I-212 can help you in each of these instances. San Jose immigration waivers

Proving Extreme Hardship

When applying for a waiver from inadmissibility, in most cases, the applicant must prove extreme hardship for themselves and qualifying  family members if they are not granted entry to the U.S. Only hardship for children, a spouse, or parents of the applicant is considered as a qualifying relative. Unfortunately, there is no clear definition of “hardship” in the Immigration and Nationality Act (INA) that governs waivers. Therefore, hardship winds up being determined on a case-by-case basis and is at the discretion of authorities involved in the process. When we work with families on an immigration waiver case, we do our best to prove extreme hardship by explaining your personal circumstances and family dynamics. Some factors that help prove hardship include:

  • Age of the foreign national
  • Ability of the applicant and any children to return to their country of origin and speak the language there
  • Health conditions of the qualifying relative and availability of medical care outside the US
  • Employment capability in the country where they are living or to which they’d be returned
  • Impact on finances, education, and psychological well-being
  • Political and economic conditions in the foreign national’s country
  • Ties to the community and length of time in the United States

Means and likelihood of obtaining permanent resident status

Need To Stay In The U.S. While Awaiting Your Interview?

Are you the spouse of a United States citizen who entered the country without inspection and has been here for a long time? We know what it takes to help you in these situations. Our success in filing waivers comes from preparing well-documented packets that clearly show the USCIS adjudicator the extreme hardship that would result if an individual is forced to remain in the foreign country for 10 years and the hardship if the qualifying United States citizen has to go and live in the foreign country.

How an Immigration Attorney In San Jose Can Help with Your Immigration Waiver

When applying for a waiver to enter the United States, it is essential to have all the proper paperwork completed and make the best case possible for an exception to inadmissibility, including proving extreme hardship. That’s why working with an experienced immigration attorney like our attorneys at Getachew & Ansari Immigration Attorneys, P.C. can improve the chances of a positive outcome. We make sure our clients start with the right immigration waiver forms and that they are filled out properly. We advise them on presenting a compelling case to the U.S. government in order to be granted entry to the country. If you or a loved one are seeking an immigration waiver, it’s too important to leave these things to chance. Call Getachew & Ansari Immigration Attorneys, P.C. to set up a consultation on your case right away. You can reach us at 408-292-7995 or fill out our online contact form letting us know how we can help you. Get in touch today.

Contact Getachew & Ansari Immigration Attorneys, P.C., today at 408-292-7995 to find out how to apply for a visa or green card waiver. Our immigration lawyers will make sure you explore every available option.

Waivers – FAQs

We get many questions from clients seeking to understand whether and how an immigration waiver can help their case. Our immigration waivers FAQs address some of the commonly posed queries.

How can someone who is subject to a three-year bar reenter the United States?

An individual who has accrued 180 days but less than a year of unlawful presence will have a three-year bar from re-entering the U.S. Even if the individual has a pre-existing non-immigrant visa, they cannot use that visa to enter the country legally after being subject to the 3-year ban. A waiver may be obtainable in this case.

If the individual were to enter the U.S. on a prior visa, they would be committing fraud. Obtaining a new visa at the U.S. consulate after returning from the first trip would amount to misrepresentation. The individual is required to disclose a prior overstay, in which case a visa will not be granted. However, failing to disclose a prior overstay and obtaining a new visa will result in inadmissibility, and require a waiver.

Who is eligible for a provisional waiver of a three- or ten-year bar?

Anyone who is eligible for an immigrant visa may apply for a provisional or stateside waiver on Form I-601A. It requires the applicant to be:

  • at least 17 years of age
  • physically present in the United States at the time of applying
  • otherwise admissible to the United States
  • able to prove that their U.S. citizen/lawful permanent resident spouse or parent (if the applicant is unmarried) will face extreme hardship if the waiver isn’t granted
Does getting a provisional waiver guarantee an immigrant visa?

If you’re granted a provisional waiver, you can depart the U.S. knowing that your unlawful presence will not matter in getting an immigrant visa. And if you clear your interview and your green card is approved, you may be required to stay outside the U.S. only briefly.

However, you may be denied your immigrant visa and green card despite being granted the provisional waiver, and it may have nothing to do with your unlawful presence. The U.S. consulate or embassy may deny the visa on grounds of a communicable disease or past criminal convictions. Other grounds for denial are if you’re suspected of marriage fraud, or if your marriage breaks down before you receive your immigrant visa. In either of these cases, you can explore your legal options with us.

What is needed to demonstrate extreme hardship?

You must demonstrate financial hardship that is more than the typical hardship that a family member would suffer if their relative cannot return to the U.S. Note that the U.S. citizen or permanent resident relative must experience the hardship. Some situations that increase chances of being granted a waiver include:

  • A major medical condition (can be physical, mental, or both)
  • The relative is caring for a disabled/chronically ill/elderly relative who requires constant care
  • The relative is the primary caregiver for his/her child or children from a prior relationship, and they have an emotional attachment to the individual

If you’re not sure of your legal options, don’t worry. Contact our experienced immigration lawyers and understand what you can do and how to apply for a waiver.