Waivers

There are some cases where an individual may be deemed ineligible to enter the United States, either as an immigrant or non-immigrant. In this case, it may be required to fill out an Extreme Hardship Waiver in an attempt to be eligible to enter the country.

One reason why someone may be said to be ineligible to enter the country is due to past criminal convictions. Typically, these occur when the applicant has been convicted of a drug offense, cases of moral turpitude, been sentenced for more than five years for 2 or more offenses, or have been convicted of money laundering or human trafficking. In this case, a Criminal Convictions waiver would need to be filed to get the case reassessed. One exception to this would be if a person is believed to be a drug trafficker, then they would not be eligible for any waiver.

Another reason for ineligibility could be due to fraud in obtaining a benefit of immigration. Most false claims to U.S. citizenship will cause someone to be completely ineligible, but in other cases involving fraud, a Fraud and Misrepresentation waiver could be filed on the applicant’s behalf.

The unlawful presence waiver allows for certain visa applicants who are immediate relatives of U.S. citizens to apply for a provisional waiver before leaving the United States for their immigrant visa interview. This waiver shortens the time that U.S. citizens have to be separated from their immediate relatives who are attempting to become legal permanent residents of the USA. This applies to those who have been unlawfully present in the United States for 180 days or more.

If someone is found to have attempted to illegally smuggle an alien into the United States, they could face deportation or be deemed ineligible to be in the United States. However, there are cases where an alien smuggling waiver could be filed, as long as certain conditions are met. The first condition is that the person filing the waiver must be a lawful permanent resident or be applying for a family-based immigrant visa. The second condition applies if the person that the smuggler helped to bring to the U.S. was a spouse, parent, or child at the time of entry into the country. Last, they must prove that the waiver is deserved based on some beneficial purpose or interest.

Some exchange visitors are subject to a two-year home-country presence which requires them to return to their home country for at least two years at the end of their visitor program. If they are unable for some reason to return to their home country to fulfill that requirement, a J-1 waiver can be filed prior to changing status in the United States.

At the Law Offices of Ron A. Kamran, we handle simple to highly complex immigration matters including immigration waivers. Contact us any time, 24/7 and let us help you today.