Do I need a Waiver for my Immigration application?
The United States government is very serious when it comes to determining who should be allowed to live in the United States. Criminal activity, prior immigration offenses and health-related issues can keep someone from being allowed to obtain an Immigrant Visa. Do you have a family member whose application was denied and needs a waiver? Burga Law Firm PC has been very successful in obtaining Waivers for our clients.
How many types of waivers are there?
There are multiple waivers available when applicants are trying to receive an immigration benefit that they don't qualify for. These waivers mostly focus on some time of hardship to either a United States Citizen Spouse or Parent. Some waivers apply also to Legal Permanent Resident Spouse or Parents. The waivers available are as follows:
I-601 Hardship Waiver
I-601A Unlawful Presence Provisional Waiver
I-212 Permission to Reapply After Removal
Criminal Conviction Waiver
Misrepresentation or Fraud Waiver
Do you require any of these waivers? Before deciding which waiver applies to you, you should always consult with an experienced Immigration Attorney. Burga Law Firm PC is an experienced Immigration Attorney with a winning record on waivers for immigration.
I-601 and I-601A UNLAWFUL PRESENCE WAIVERS
People that unlawful presence in the United States are subject to either a three year or ten-year bar pursuant to INA Section 212(a)(9)(B) if they leave and try to apply for admission. It is important to understand that these penalties are only triggered when you leave the United States. To overcome these three years or ten-year bar, a waiver is available if they have a United States Citizen or Legal Permanent Resident Spouse or Parent.
I-601 Waiver can waive multiple grounds of inadmissibility, including unlawful presence. It can be used with consular process, adjustment of status and in Immigration Court.
I-601A Provisional waiver can only waive unlawful presence and is filed by applicants who are present in the United States and will be leaving the country for their consular process interview. When they leave the country the three or ten-year bar is triggered, however, applicants can apply for this waiver before they leave the country for their consular process interview, allowing them to wait in the United States for its approval. This waiver limits the length of time applicants are separated from their family so that they can become legal permanent residents.
What are the requirements for a waiver of unlawful presence?
If you have an unlawful presence, under INA 212 (a)(9)(B)(v), it requires a showing of hardship to a qualifying relative and favorable discretion. If the applicant does not have a qualifying member then he or she will not qualify for the waiver.
What is a qualifying member?
It is a U.S. citizen or lawful permanent resident spouse or parent. The qualifying relative does not have to be the same person that filed the petition for the applicant. Only one qualifying member is required, however, you can have more than one.
What is extreme hardship and how do I prove it?
Is the hardship the qualifying member will suffer if the applicant is not allowed to return to the U.S. The applicant has the burden of proof showing by a preponderance of the evidence, or “more likely than not” standard. Two ways to prove hardship is financial and emotional hardship. Some of the factors that help prove the financial and emotional hardship are:
Loss of employment
Loss of educational opportunities
Loss of access to medical care
Loss of emotional support
There are other ways to prove a hardship that results from the severe change of separation such as country conditions where the applicant would have to live.
What is discretion?
Even though you may have established the required hardship, USCIS will also need to determine if the applicant warrants a favorable exercise of discretion. You must provide positive factors that outweigh all of your negative factors. Negative factors may arise from criminal history. If you were convicted of a DUI then USCIS will look to determine whether you are a drunkard. They'll look at how recent the conviction was, how many DUI's, what have you done to learn your lesson or to remedy the situation. A good record of AA meetings assistance is key to anyone with a DUI conviction trying to apply for a waiver.
I-212 Application for Permission to Reapply After Removal
Why do I need I-212 permission to reapply waiver?
If you have a removal order and have been outside of the United States for the time required, then you may be eligible to return to the United States, however, an I-212 waiver will be required before you can enter. Without this waiver, you are inadmissible under INA Section 212(a)(9)(A) or (C). By filing an I-212 waiver to obtain “consent to reapply for admission” you may be able to reenter the United States.
Depending on the basis of your deportation and how many times you have been deported you are inadmissible for the duration stated in INA section 212(a)(9)(A).
How do I apply for consent to reapply for admission after being deported?
You must file form I-212 and pay a filing fee of $585 (subject to change). Where you file depends on the reason for your inadmissibility and your location. You can apply with U.S. Customs and Border Protection (CBP), the U.S. Department of State (DOS), the Executive Office for Immigration Review (EOIR), or USCIS.
What are the requirements to apply for I-212 permission to reapply after being deported?
There are factors that you must show which Immigration will take into consideration such as:
Close family ties in the U.S.
Any unusual hardship that may occur to your U.S. Citizen or lawful permanent resident relatives, yourself or your employer if you are not permitted to reapply.
Rehabilitation after a criminal conviction
Length of previous presence in the U.S.
Good moral character
Whether your admission will be contrary to the welfare, safety, or security of the U.S.