Waivers of Inadmissibility
Grounds of Inadmissibility
A person may be refused entry to the United States due to a finding of “inadmissibility”. Under immigration law, a person can be found inadmissible on the basis of several grounds. Below is a list of common grounds of inadmissibility:
Waiver to Cure Certain Grounds of Inadmissibility
In situations where an immigrant does fall into one of the grounds of inadmissibility, they may not be absolutely barred from getting a Green Card or otherwise entering the U.S. if a Waiver is approved. Only certain grounds of inadmissibility may be waived. So it is important that you consult with an experienced immigration attorney who can evaluate whether you qualify to apply for such waiver. To be granted a Waiver means that immigration authorities forgave the past problem and admit the applicant despite it occurring. The strength of the Waiver typically rests on the strength of the hardship that a “qualifying relative” in the U.S. would experience if their immigrant relative is not permitted to stay in or enter the U.S. Among the waiver requirements is a very specific requirement as to which family members can act as a qualifying relative, discussed below. Immigration Attorney Mario Zapata strongly encourages all persons with criminal or immigration violations to consult with him before initiating any immigration process, as eligibility for such waiver may be a determining factor whether to proceed at all.
I-601A Provisional Waiver and Stateside Processing
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this means they are no longer needing to experience their life being turned upside down, as their loved one remains stranded in a foreign country for an unknown length of time awaiting a decision on a waiver application and then the immigrant visa. For some, however, the new rule will do nothing to resolve their immigration issues.
1. What is the new rule and how can it help my family?
Under current law, many immigrants who enter the country illegally or overstay their visas cannot apply for permanent residence (a “green card”) in the U.S., and instead must finish the immigration process abroad. Unfortunately, just leaving the country—even to pick up a visa sponsored by a family member—automatically makes the intending immigrant subject to a penalty for their “unlawful presence,” potentially separating them from their family for up to ten years.
For some, but not all, the penalty can be waived. Before this new rule, immigrants would be separated from their family and stranded outside the country for months or even years while waiting for a decision on whether they could could immigrate back to the U.S. Consequently, the immigrant was stuck abroad, usually with no legal way to return. Many families endured emotional and financial hardship, as well as living under dangerous and impoverished conditions. Others simply were unwilling to take the risk.
The new rule means that many immigrants will leave the United States, knowing in advance that their case will probably be approved, and they could be back with their families—as a legal resident—in a matter of days or weeks. NOTE: Attorney Mario Zapata cannot stress enough how valuable it is that you consult with his immigration law firm before going forward with this process.
2. Who can apply under the new rule?
Only applicants who are an immediate relative of a US citizen (spouses, parents and certain children) can apply at this time, though the rule may later be expanded to other relatives. Additionally, the Applicant must have a qualifying relative (parents or spouses) who is a U.S. citizen. IMPORTANT: U.S. citizen children are NOT qualifying relatives, and thus an immigrant will not be eligible to file Form I-601 or Form I-601A Provisional Waiver if their only U.S. citizen family is their children.
The applicant must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad. Also, the provisional waiver is only available if the sole issue holding up a case is unlawful presence. Applicants who have criminal issues or other immigration violations cannot use the provisional procedure.
People who are in immigration court or who have an order of removal or voluntary departure may not qualify unless they get special permission from the government and a court order resolving their case. The process of acquiring such permission and order may be rather complicated, and we would suggest you contract an immigration lawyer experienced in deportation defense to assist you.
To be successful, applicants must show that denying the case would be an extreme hardship to their qualifying relative(s); the impact on the immigrant doesn't count. Hardship factors can include family separation, economic hardship, medical issues, country conditions abroad, and any other difficulty or harm faced by the qualifying relative(s), if the waiver isn't granted.
3. What does it mean that the waiver is “provisional?”
Even if a waiver is granted, the approval is “provisional.” As a practical matter, this means that the government has reviewed the case and believes that the waiver should be granted, but there is no guarantee that a case will be successful if facts change or new information comes to light. For example, if an applicant had previous immigration violations or criminal history, the provisional waiver will be revoked. Again, speak with Immigration Attorney Mario Zapata, as he has spoken with immigrants who left the U.S. after having their I-601A provisional waiver granted, and were told they needed to re-file Form I-601 upon discovering they had other violations (e.g., fraud/misrepresentation imputed through coyote who brought them into the country).
If any new issues arise, and the applicant is still eligible for a waiver, he or she will be able to re-apply using the existing process, but will have to wait abroad for a decision on their case.
4. When can I apply?
The new rule goes into effect on March 4, 2013, and no filings will be accepted before that date. You can only apply for a provisional waiver after an immigrant petition has been approved. If you haven’t filed yet or you’re still waiting for a decision on a pending petition, you can’t apply for the provisional waiver—yet.
5. What else do I need to know about provisional waivers?
A provisional waiver is not a legal status, and even an approved waiver doesn't provide work authorization, a social security number or a driver’s license. Having a provisional waiver will not protect you from deportation or any other consequences of being in the country illegally.
If an application for a provisional waiver is denied, there is no appeal. If you have more or better evidence to prove your case, you can re-file, with a new filing fee. Remember, not everyone can be sponsored or qualify for a waiver, and just as importantly, not everyone needs a waiver.
6. Do I need to work with an attorney?
The immigration process can take months, even years, and government filing fees and other expenses are significant—it’s best to know your options before investing time and money. Immigration attorney Mario Zapata will conduct a thorough legal consultation, look at all aspects of your immigration (or criminal) history, and seek to find the best solution for your family. If the I-601A provisional waiver is suitable to your case, he is extremely qualified to handle it and get the positive results he has obtained for several clients in the past. Call today at (714) 441-2800.
Orange County Immigration Attorney Will Help You Establish Extreme Hardship Necessary for Approval of Form I-601A Provisional Waiver
Meeting the “extreme hardship” standard is the crucial to a successful I-601A provisional waiver. The level of hardship that must be shown is greater than the normal hardship a qualifying relative can be expected to experience if an immigrant applicant is deemed ineligible to immigrate. According to precedent immigration case law, relevant factors to be considered in determining "extreme hardship" include the following:
USCIS is extremely inconsistent in its adjudication of "extreme hardship" waivers. Because hardships are particular to each person and family, proving hardship is very fact-specific. An experienced immigration attorney will have the patience to delve into the lives of the applicant and the qualifying family member in order to best understand their particular hardship, and portray such story onto paper through a very detailed and specific declaration, as well as documentation corroborating such claims of hardship. Mr. Zapata will implement the best strategy and approach to preparing and presenting your "extreme hardship" I-601A provisional waiver packet. For an evaluation and assistance in preparing a comprehensive Waiver application packet, schedule a consultation to speak with Mario Zapata, an experienced Orange County immigration attorney, about the case.
A person may be refused entry to the United States due to a finding of “inadmissibility”. Under immigration law, a person can be found inadmissible on the basis of several grounds. Below is a list of common grounds of inadmissibility:
- Previous Immigration Fraud
- Previous Deportation or Removal from the U.S.
- Previous Visa Overstays
- Drug abuse, addiction and trafficking
- Physical or mentally disabled individuals that may cause harm to themselves or others
- Alien smuggling
- Security-related
- Public Charge
Waiver to Cure Certain Grounds of Inadmissibility
In situations where an immigrant does fall into one of the grounds of inadmissibility, they may not be absolutely barred from getting a Green Card or otherwise entering the U.S. if a Waiver is approved. Only certain grounds of inadmissibility may be waived. So it is important that you consult with an experienced immigration attorney who can evaluate whether you qualify to apply for such waiver. To be granted a Waiver means that immigration authorities forgave the past problem and admit the applicant despite it occurring. The strength of the Waiver typically rests on the strength of the hardship that a “qualifying relative” in the U.S. would experience if their immigrant relative is not permitted to stay in or enter the U.S. Among the waiver requirements is a very specific requirement as to which family members can act as a qualifying relative, discussed below. Immigration Attorney Mario Zapata strongly encourages all persons with criminal or immigration violations to consult with him before initiating any immigration process, as eligibility for such waiver may be a determining factor whether to proceed at all.
I-601A Provisional Waiver and Stateside Processing
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this means they are no longer needing to experience their life being turned upside down, as their loved one remains stranded in a foreign country for an unknown length of time awaiting a decision on a waiver application and then the immigrant visa. For some, however, the new rule will do nothing to resolve their immigration issues.
1. What is the new rule and how can it help my family?
Under current law, many immigrants who enter the country illegally or overstay their visas cannot apply for permanent residence (a “green card”) in the U.S., and instead must finish the immigration process abroad. Unfortunately, just leaving the country—even to pick up a visa sponsored by a family member—automatically makes the intending immigrant subject to a penalty for their “unlawful presence,” potentially separating them from their family for up to ten years.
For some, but not all, the penalty can be waived. Before this new rule, immigrants would be separated from their family and stranded outside the country for months or even years while waiting for a decision on whether they could could immigrate back to the U.S. Consequently, the immigrant was stuck abroad, usually with no legal way to return. Many families endured emotional and financial hardship, as well as living under dangerous and impoverished conditions. Others simply were unwilling to take the risk.
The new rule means that many immigrants will leave the United States, knowing in advance that their case will probably be approved, and they could be back with their families—as a legal resident—in a matter of days or weeks. NOTE: Attorney Mario Zapata cannot stress enough how valuable it is that you consult with his immigration law firm before going forward with this process.
2. Who can apply under the new rule?
Only applicants who are an immediate relative of a US citizen (spouses, parents and certain children) can apply at this time, though the rule may later be expanded to other relatives. Additionally, the Applicant must have a qualifying relative (parents or spouses) who is a U.S. citizen. IMPORTANT: U.S. citizen children are NOT qualifying relatives, and thus an immigrant will not be eligible to file Form I-601 or Form I-601A Provisional Waiver if their only U.S. citizen family is their children.
The applicant must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad. Also, the provisional waiver is only available if the sole issue holding up a case is unlawful presence. Applicants who have criminal issues or other immigration violations cannot use the provisional procedure.
People who are in immigration court or who have an order of removal or voluntary departure may not qualify unless they get special permission from the government and a court order resolving their case. The process of acquiring such permission and order may be rather complicated, and we would suggest you contract an immigration lawyer experienced in deportation defense to assist you.
To be successful, applicants must show that denying the case would be an extreme hardship to their qualifying relative(s); the impact on the immigrant doesn't count. Hardship factors can include family separation, economic hardship, medical issues, country conditions abroad, and any other difficulty or harm faced by the qualifying relative(s), if the waiver isn't granted.
3. What does it mean that the waiver is “provisional?”
Even if a waiver is granted, the approval is “provisional.” As a practical matter, this means that the government has reviewed the case and believes that the waiver should be granted, but there is no guarantee that a case will be successful if facts change or new information comes to light. For example, if an applicant had previous immigration violations or criminal history, the provisional waiver will be revoked. Again, speak with Immigration Attorney Mario Zapata, as he has spoken with immigrants who left the U.S. after having their I-601A provisional waiver granted, and were told they needed to re-file Form I-601 upon discovering they had other violations (e.g., fraud/misrepresentation imputed through coyote who brought them into the country).
If any new issues arise, and the applicant is still eligible for a waiver, he or she will be able to re-apply using the existing process, but will have to wait abroad for a decision on their case.
4. When can I apply?
The new rule goes into effect on March 4, 2013, and no filings will be accepted before that date. You can only apply for a provisional waiver after an immigrant petition has been approved. If you haven’t filed yet or you’re still waiting for a decision on a pending petition, you can’t apply for the provisional waiver—yet.
5. What else do I need to know about provisional waivers?
A provisional waiver is not a legal status, and even an approved waiver doesn't provide work authorization, a social security number or a driver’s license. Having a provisional waiver will not protect you from deportation or any other consequences of being in the country illegally.
If an application for a provisional waiver is denied, there is no appeal. If you have more or better evidence to prove your case, you can re-file, with a new filing fee. Remember, not everyone can be sponsored or qualify for a waiver, and just as importantly, not everyone needs a waiver.
6. Do I need to work with an attorney?
The immigration process can take months, even years, and government filing fees and other expenses are significant—it’s best to know your options before investing time and money. Immigration attorney Mario Zapata will conduct a thorough legal consultation, look at all aspects of your immigration (or criminal) history, and seek to find the best solution for your family. If the I-601A provisional waiver is suitable to your case, he is extremely qualified to handle it and get the positive results he has obtained for several clients in the past. Call today at (714) 441-2800.
Orange County Immigration Attorney Will Help You Establish Extreme Hardship Necessary for Approval of Form I-601A Provisional Waiver
Meeting the “extreme hardship” standard is the crucial to a successful I-601A provisional waiver. The level of hardship that must be shown is greater than the normal hardship a qualifying relative can be expected to experience if an immigrant applicant is deemed ineligible to immigrate. According to precedent immigration case law, relevant factors to be considered in determining "extreme hardship" include the following:
- Presence of lawful permanent resident or U.S. citizen family ties to the U.S.;
- Qualifying relative’s family ties outside the United States;
- Conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries;
- Financial impact of departure from the U.S.; and
- Significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.
USCIS is extremely inconsistent in its adjudication of "extreme hardship" waivers. Because hardships are particular to each person and family, proving hardship is very fact-specific. An experienced immigration attorney will have the patience to delve into the lives of the applicant and the qualifying family member in order to best understand their particular hardship, and portray such story onto paper through a very detailed and specific declaration, as well as documentation corroborating such claims of hardship. Mr. Zapata will implement the best strategy and approach to preparing and presenting your "extreme hardship" I-601A provisional waiver packet. For an evaluation and assistance in preparing a comprehensive Waiver application packet, schedule a consultation to speak with Mario Zapata, an experienced Orange County immigration attorney, about the case.