US Immigration and Provisional Waivers

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible due to certain grounds such criminal conviction, fraud or misrepresentation, unlawful presence, medical reason and so on, nevertheless may be eligible for a waiver. Not all grounds of inadmissibility are eligible for a waiver. In addition, hardship is an eligibility standard for many waivers of inadmissibility under the Immigration and Naturalization Act. The degree of hardship that must be proven ranges from an instated but implicit requirement for cancellation of removal for lawful permanent residents, to extreme hardship for a waiver for unlawful presence, criminal conviction and fraud and to exceptional and extremely unusual hardship for cancelation of removal of non legal permanent residence. Specific sections of the Immigration and Naturalization Act provide statutory requirements and standard for exercise of discretion. Each section provides a standard as to who is a qualifying relative for purpose of specific waiver.

Decision on waiver is discretionary and thus an element of discretion provides immigration judges and other adjudicators with a tremendous power in deciding cases. Most cases involving a waiver are difficult and time sensitive and thus it is important to consult an experience immigration attorney prior to submitting a waiver.

Our offices have an extensive experience representing client requiring submission of a waiver both in the U.S. and in U.S. consulate abroad.

Waivers under INA for unlawful presence, immigration fraud, criminal conviction and other waivers.

Who needs a waiver?

If you unlawfully presented in the U.S. for ONE YEAR or more, and left or was removed from the country, you are not admissible for 10 years from the date of departure, however INA under section 212(a)9 B (v) provides for a waiver of unlawful presence grounds of inadmissibility.

Also, if you have ever been convicted of a crime, committed immigration fraud, been deported, entered the US illegally or overstayed for more than 180 days you may need a waiver.

We are constantly challenging delayed adjustment and naturalization applications in federal district court and are successful in various waivers such as I-601 waivers and applications for cancellation of removal.

Provisional Waiver

WASHINGTON — Secretary of Homeland Security Janet Napolitano has announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013. In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives.

For detailed evaluation of your matter, please contact us at (212)880-1538 or in case of emergency at (347)249-1311, We will defend your interest.