It is important that you retain the services of a qualified and experienced immigration attorney to assist you in the difficult and complex process of filing for a waiver. This is not the type of immigration case that an applicant should attempt on their own as the standards to grant a waiver are extremely complex and difficult to surpass without an attorney. Most people are also told that this is just an application and you only need to write a declaration. This is a big mistake and far from the truth.
What separates our firm from the rest is that our staff processes immigration waivers every single day. We have been successful because processing waivers is a major part of our law practice, and we are dedicated to uniting families. We are always up-to-date with the latest waiver methods and case law to ensure that your rights are protected.
At Commonwealth Law Group - Immigration Attorneys, each case is meticulously prepared with precision and attention to detail. This is what separates our firm from the rest. Our immigration waivers have been approved because:
We take the time to interview each aspect of your life and the family members
We research each aspect of case law that will assist you
We work with you in every detail of your story to prepare your statements
We surround your case with studies, statistics, and experts to support your hardship.
At this Commonwealth Law Group - Immigration Attorneys, we take each case personally, as if we are processing a case for one of our family members. This is the culture that has been instilled in our firm. We truly understand that this granting of this waiver truly affects your livelihood.
How do I know if I need a waiver?
First, one needs to know if they even require a waiver. A waiver is necessary before immigration allows you to apply for residency if:
The person entered the country illegally or remained in the U.S after your visa has expired
The person was convicted of a serious crime
The person was deported from the United States in the past
Second, you need to analyze what type of waiver applies to you. In our experience, most people have come to our office after they have filed the wrong type of document, and their case has been denied. The following are the types of waivers and who they apply to:
I-212 Deportation Waiver
- A prior deportation order may make a person ineligible to apply for residency in the U.S. A deportation waiver is necessary to waive the prior deportation to allow for successful approval of residency.
1. 1-601 Hardship Waiver
This waiver is available to those individuals applying for an U.S. Permanent Residency, but are barred in most cases because of illegal entry or were convicted of certain crimes.
2a. Waivers for entered the U.S. Illegally or Overstaying and on an Expired visa
The applicant in this case entered the country illegally or without inspection. A person in this case would require a waiver if they have overstayed for over 180 days, which is in most cases a “3-year bar” from the U.S. If the person overstayed for more than one year, then in most cases this is an automatic “10-year bar.”
2b. Waivers for Crimes Involving Moral Turpitude
In order to qualify for this waiver, the applicant is required to prove “extreme hardship” to a U.S. Citizen or Permanent resident spouse, child or parent. This waiver does not apply to those who are convicted of an aggravated felony or a served one year or more in prison.
2c. Waivers for Crimes that Occurred more than 15 years ago
In order to qualify for this waiver, the applicant is required to prove that they would not be a threat to the safety or welfare of others, and the person has been rehabilitated. The applicant is required to prove “extreme hardship” to a U.S. Citizen or Permanent resident spouse, child or parent. This waiver does not apply to those who are convicted of an aggravated felony or a served one year or more in prison.
How do I qualify for an immigration waiver?
In its simplest terms, a waiver is based on extreme hardship to an immediate family member that is a United States citizen or lawful permanent resident. The individuals can be:
Husband or wife
You can process your waiver without leaving the U.S
Most people do not understand this, but you can have your waiver processed before you leave the country. We have encountered numerous persons who have been sent by their "notario' or inexperienced office in order to attend the visa appointment in their home country. However, without a pre-approval of the waiver, they faced 5-10 year automatic bars from re-entering the U.s
Pursuant to USCIS, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States.
The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
If you want an experienced immigration attorney who dedicates every day to processing immigration waivers, come to our firm today. Our staff is eager to assist you, so call Commonwealth Law Group - Immigration Attorneys to set up your initial consultation.
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