Admissibility to the United States is determined any time an individual is applying for admission to the United States or adjustment of status. Waivers also may be required in removal proceedings in order to render an individual lawfully present, also known as "defensive" waivers. The reasons an individual may be inadmissible to the United States or as a lawful permanent resident can be found at the Immigration and Nationality Act ("INA") at section 212. Reasons can vary from health to crimes to fraud, and more. In some instances, waivers exist to pardon an inadmissibility under certain circumstances. Read on concerning common waiver types handled by Tedesco Legal, P.C.
I-601A, Provisional Unlawful Presence Waiver:
An individual who is present in the United States without status accumulates unlawful presence. Accumulation of more than 6 months and more than one year of unlawful presence results in either a 3 or 10 year bar to admissibility. Where an individual is not eligible to adjust status in the United States, such as someone who is present in the U.S. following entry without inspection ("EWI") and must leave the United States for consular processing, it may be necessary to apply for a waiver in order to reenter the United States. Tedesco Legal, P.C. is experienced in applying for such waivers. Notably, the US Department of Homeland Security has published a regulation change, including a change to the standard of hardship necessary in order to achieve success in these waivers. Contact our firm to discuss your case as soon as possible.
Waivers Pursuant to 212(h) and 212(i):
A waiver pursuant to the above named sections are to waive crimes and fraud, respectively. Such waivers require a qualifying relationship to a spouse, parent, or child, depending on the statute. Applicants must demonstrate that the qualifying relative will suffer extreme hardship in the event that the waiver is not granted, and that he or she is worthy of a favorable exercise of discretion. US Citizenship and Immigration Services requires concrete evidence of potential suffering, and submissions must be detailed.
Where an individual committed fraud in order to obtain lawful permanent residency, he or she may be placed in removal proceedings at any time. As a defense and request for relief from removal, such an individual may apply for a waiver pursuant to INA 237(a)(1)(H). Attorney Mary Lynn Tedesco is experienced at fighting for approval of these waivers in immigration court. Call our office to discuss your potential case further.
An individual who enters as a J nonimmigrant may be subject to a two-year return requirement. However, an individual subject to this restriction may fear return to his or her home country, or simply may not want to return. Waivers such as extreme hardship, persecution, and no objection statements are potentially available for an individual in this situation.
Contact Tedesco Legal, P.C. for more information about the above-referenced waivers, and others that may apply to you.