Even if an alien is otherwise inadmissible, removable, or deportable from the United States, at Shestopalko Law we have the knowledge and experience to help the alien obtain a waiver allowing him or her to obtain an immigrant visa, a non-immigrant visa, adjustment of immigration status, or other immigration benefits.
An immigration waiver or Application for Waiver of Ground(s) of Inadmissibility is an application made by an alien who is otherwise inadmissible, removable or deportable on one or more grounds. The waiver application asks the United States Citizenship and Immigration Services (USCIS), consular office or immigration court to “forgive” the alien’s inadmissibility, removability, or deportability.
Unlawful Presence Waivers (Visa Overstay)
The law generally requires those who have lived in the United States unlawfully to leave the United States and wait for three or 10 years before being able to come back to the United States. However, the alien may utilize the I-601 unlawful presence waiver to avoid the long wait period. To utilize the unlawful presence waiver, the alien must be able to demonstrate extreme hardship to his or hers qualifying United States Citizen or Lawful permanent resident relative. Extreme hardship means suffering that is “unusual or beyond that which would normally be expected” when a family member leaves the United States — a difficult standard to meet. To qualify for this waiver, the alien had to legally enter the United States (alien was admitted into the United States). If the waiver is granted the alien does not have to leave the United States. Qualifying relatives:
Entry Without Inspection Waivers (Illegal Entry)
The law generally requires those who have lived in the United States unlawfully to leave the United States and wait for three or 10 years before being able to come back to the United States. However, the alien may utilize the I-601(A) provisional unlawful presence waiver to avoid the long wait period. To utilize the provisional unlawful presence waiver, the alien must be able to demonstrate extreme hardship to his or hers qualifying United States Citizen or Lawful permanent resident relative. Extreme hardship means suffering that is “unusual or beyond that which would normally be expected” when a family member leaves the United States — a difficult standard to meet. An alien who did not to legally enter the United States (was not admitted into the United States) is not eligible for unlawful presence waiver. Thus, the alien needs to apply for the provisional unlawful presence waiver. If the waiver is granted the alien has to leave the United States and consular process outside of the United States. Qualifying relatives:
Criminal Waivers
Convictions for certain crimes can render an alien removable or deportable. However, a waiver is available where under certain circumstances the government may waive some of these offenses. Under the waiver the government may waive the convictions for:
Visa Waivers
Many aliens holding the J-1/J-2 visa are subject to a requirement that he or she spends two years in their country of citizenship after his or hers J-1/J-2 status has expired. These aliens are subject to the two years Home Residency Requirement under the Immigration Nationality Act section 212(e). An alien may discover if he or she falls under this requirement by looking at his or hers J-1 visa (that was issued to them in his or her passport) where the visa will specify whether he or she is subject to the 212(e) – Home Residency Requirement. Also, an alien’s Certificate of Eligibility or Form DS-2019 issued by J-1/J-2 program’s sponsor will clarify whether an alien is subject to the 212(e) – Home Residency Requirement. If the two-year home residency requirement applies, the alien must spend a total of two years in their country of citizenship before seeking an immigrant visa to reenter the United States. An alien who falls under the Home Residency Requirement but wishes to remain in the United States must file a waiver. There are four reasons an alien can request a waiver:
Visa / Immigration Fraud Waiver
Aliens who by fraud or willful misrepresentation (by lying) got or tried to get any immigration documents or benefits is deportable and removable, and barred (inadmissible) from entering the United States. However, the alien may apply for a 212(I) waiver that his or hers qualifying relative would suffer extreme hardship if the alien is deported or removed. Extreme hardship means suffering that is “unusual or beyond that which would normally be expected” when a family member leaves the United States — a difficult standard to meet. Common types of fraud or willful misrepresentation:
Divorce Waivers While on Conditional Permanent Resident Status
Aliens on conditional two years green cards (conditional residents) that obtained a his or her two-year green card through a marriage to a United States citizen or green card holder (lawful permanent resident) will need to file Form I-751, Petition to Remove Conditions on Residence, before his or her conditional green card (conditional lawful permanent residence status) expires. Form I-751 has to be filed together (jointly) by the spouses. The United States citizen or lawful permanent resident spouse also has to accompany the alien to an interview at a United States Citizenship and Immigration Service office. United States Citizenship and Immigration Services provides the regular 10 year green card unconditional resident to granted Forms I-751. If the alien fails to file Form I-751 before the conditional two year green card expires (conditional lawful immigration status) the alien becomes removable and deportable. If the marriage has ended due to death or divorce, and even if the spouse has abused the conditional resident, the aliens must file a separate I-751 waiver. In the waiver the alien needs to prove that he or she entered into a “real or normal” marriage (good faith marriage). The alien also needs to prove one of the three options. Options for the waiver:
Other Waivers
Deferred Action for Childhood Arrivals (DACA) is an administrative relief from removal or deportation. The purpose of DACA is to protect from removal or deportation eligible immigrants who came to the United States when they were children. The program grants relief to eligible applicants for a period of two years. Thus, DACA recipients have to renew their DACA status every two years. Basic Requirements:
