Being denied immigration can be disheartening, especially when you may have spent months or even years preparing your visa application.
There are countless reasons why an application could be denied, including improper documentation, criminal convictions and past immigration violations.
An application one or more waivers of inadmissibility is filed with the USCIS along with the appropriate filing fee.
Further, the application must include evidence of eligibility for the waiver.
If applying for an extreme hardship waiver, any document and expert report showing hardship to your qualifying relative must be included.
One of the most common reason for Visa denial is to have one or more criminal convictions. Only convictions for a crime of moral turpitude can prejudice an immigrant’s admissibility to the United States.
The Board of Immigration Appeals never or Federal law do not define specifically what constitutes a crime involving moral turpitude (CIMT). However, any crime that involves intent to defraud or intent to harm are generally considered CIMT offenses.
On the other hands, a conviction for an aggravated felony is a permanent bar, and no waiver is available. Only if the conviction is completely vacated, it will not be considered for immigration purposes.
The Writ of Coram Nobis can be used to vacate a criminal conviction that renders an individual permanently inadmissible to the United States.
It is easy to understand that a denial can be stressful, but with the representation of a law firm, it will be easier to obtain a Waiver of Inadmissibility.
Waivers provide you with a chance to contest your denial of admission, and with the help of an experienced New Jersey immigration attorney , you may be able to resolve your case and finally get a Green Card.
What Are the Chances That My I-601 Waiver Will Be Granted?
If you are a would-be immigrant who is inadmissible to the U.S. (as discussed in Inadmissibility: When the U.S. Can Keep You Out), you may be able to overcome this by applying for what’s called a waiver of inadmissibility, on Form I-601.
The adjudication process for I-601 waiver applications is somewhat subjective—it all depends on which immigration officer is reviewing your application and that officer’s interpretation of your circumstances.
Staying in the U.S. With The I-601A Provisional Waiver of Inadmissibility.
There’s a new waiver available to a small group of inadmissible immigrants, as of March 4, 2013.
Actually, it’s an old waiver that has long existed in U.S. immigration law – but the Department of Homeland Security has come up with a new way that people can apply for it, which will promote family unity and reduce the uncertainty and risk that came with the old application method.
U.S. Citizenship and Immigration Services (USCIS) has created a new form for this purpose, called an I-601A, available for free download on the I-601A page of the USCIS website.
Strategies For Writing A Convincing Narrative For An Application For Waiver Of Grounds Of Inadmissibility
Under the Immigration and Nationality Act of 1996 are various provisions for the I-601 Application for Waiver of Grounds of Inadmissibility, formerly titled Application for Waiver of Ground of Excludability.
This memo addresses the structure and content of an Application for Waiver of Grounds of Inadmissibility under INA § 212(a)(9)(B)(v), 212(h), and 212(i). It highlights the merits of various arguments often proffered in the argument of Extreme Hardship.