Status Problems in the United States ? Do Not Lose Hope Until You Explore All Possible U.S. Waivers!
Posted by: ScottMond Law Firm
August 26, 2011
Topic: U.S. Waivers
Our law firm files a variety of U.S. Immigration Waivers for clients who are illegal, out of status, subject to residency requirements, subject to the three or ten year bar, Conditional Residents whose marriages are ending in divorce, individuals who entered without inspection (“EWI”), or those in need of a waiver for fraud, crimes, and more. (See below for a list). The purpose of this article is to provide a couple popular case scenarios to inform clients about how waivers work in general.
Foreign national was born in Nicaragua 05/19/1990. She entered EWI in 03/2008 and never left. She was arrested without a driver’s license and ICE ended up having a detainer placed on her. She married a U.S. Citizen (USC) in 05/2012- no children. The first court date in U.S. Immigration court has been set. What can be done here?
A waiver can be filed for the foreign national, and an I-130 filed by her husband to begin the adjustment of status process. An Immigration Judge will usually grant a continuance (extension) during the adjudication of the I-130. Then a 212(a)(9)(B)(v) (waiver of Unlawful Presence Ground of Inadmissibility) may be filed. Since in this case the foreign national entered without inspection (EWI), she would need to return to her home country to adjudicate the waiver and adjust status after being granted voluntary departure by an immigration judge. The time out of the country could be a year or less if the proper legal strategy is in place.
A 212(h) waiver is a popular waiver for clients who have been convicted of Crime Involving Moral Turpitude (CIMT) which occurred and makes them removable.
For instance, a foreign national could pursue a consular waiver or waiver in court for a CIMT that occurred more than 15 years ago (e.g. theft). Proof of Rehabilitation, good charter and ensuring that a foreign national client is not a threat to National Security is amongst some of the criteria that must be presented effectively to an Immigration Court or U.S. Consulate to succeed in gaining a 212(h) waiver.
The area of good character is essential. Evidence of good character for instance would include donations to church, volunteer involvement in community activities, letters from family members explaining how the applicant for 212(h) waiver helps his family and is an overall asset to society.
The above examples and all Waivers require experienced U.S. Immigration Attorneys. Below is a comprehensive list of Waivers we file on behalf of our clients:
- I-751 Waiver (Marriage Dissolution of Conditional Residents)
- I-601 Waivers
- WAIVERS OF INA 212(e): J-1 visa holders
- Waiver After Prior Waiver of misrepresentation or Fraud in Procuring Visa/Entry-INA §237(a)(1)(H)
- Removal or Deportation: Permission to Reapply for Admission-INA §§212(a)(9)(A)(iii) and 212(a)(9)(CC)(ii)
- Waiver of Unlawful Presence Ground of Inadmissibility-INA §212(d)(12) and 237(a)(3)(C)(ii)
- Waiver for Prostitution, Crimes More Than15 Years Old, Crimes of Moral Turpitude, and Simple Possession of Marijuana-INA §212(h)
- Waiver for Fraud or Misrepresentation-INA §212(i)
- Waiver of Technical Defects in Immigrant Visas- INA§212(k)
- Adjustment of Status Under §245(k)
- Cancellation of Removal for Nonpermanent Residents-§240A(b)
- Cancellation of Removal for Lawful Permanent Residents
- General Waiver for Nonimmigrants-INA §212(d)(3)
- Waivers Under INA §209(c)
If you have any questions about U.S. Immigration waivers, you may contact our law firm at [email protected]. Our a list of our office telephone numbers may be found at http://www.scottcclaw.com/.
ScottMond Law Firm