San Francisco Immigration Waivers Attorney
U.S. immigration law allows for the submission of a waiver if you have been denied entry to the U.S. The waiver best suited for you is determined by your specific circumstances and whether you are currently in the U.S. Regardless of your location, immigration waivers can be complex. The guidance from an experienced immigration waiver lawyer can help you submit a thorough and timely application, improving the chance for approval.
Our skillful attorney can strengthen an otherwise weak application by thoroughly explaining any mitigating factors and addressing aggravating factors, such as previous immigration violations or criminal arrests.
Why Would I Be Denied Admission to the U.S.?
Under U.S. immigration law, certain people are considered inadmissible to this country and would be denied a visa or green card.
Three of the most common reasons for being denied entry are:
- Unlawful Presence
- Immigration Misrepresentation
- Criminal Grounds
These grounds for Inadmissibility can be waived with an I-601. The I-601 waiver is usually filed at an overseas U.S. consulate.
Types of Immigration Waivers
Immigration Waiver for Unlawful Presence
Unlawful Presence means you were illegally in the U.S. at some point in the past. Depending on how long you were illegally in the U.S., you were given a 3-year or 10-year ban on reentry. A waiver would provide the opportunity to return sooner. However, you must have a spouse, fiancé or parent – who is a U.S. citizen or lawful permanent resident – experience extreme hardship if you were denied.
Immigration Waiver for Immigration Misrepresentation
You will not receive a waiver if you falsely claimed to be a U.S. citizen, but you may qualify if you unlawfully secured an immigration benefit. Like Unlawful Presence, you must have a spouse, fiancé or parent who is a U.S. citizen or lawful permanent resident and would experience extreme hardship if your entry is denied.
Immigration Waiver for Criminal Grounds
If you have been denied entry into the U.S. because of your criminal history, submitting a waiver is the next step. Only certain criminal offenses can qualify for a waiver, and may include crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Additionally, more than 15 years must have passed since you committed the crime and applied for entry into the U.S., or you have a spouse, fiancé, child or parent who is a U.S. citizen or lawful permanent resident and would experience extreme hardship if your entry is denied.
Disqualifying crimes include murder, drug trafficking and money laundering.
What if I’m Still In the U.S.?
A provisional waiver, also known as a 601a, can be filed within the U.S. If unlawful presence is the only grounds for inadmissibility, spouses and children of permanent residents, siblings of U.S. citizens and adult and married children of U.S. citizens can submit a provisional waiver. You must, however, be at least 17 years old at the time of application. This waiver will allow you to remain in the U.S. with your family while a decision on your waiver application is pending, reducing the amount of time you would otherwise be required to remain outside the U.S.
What if I Have Been Deported?
Deportation orders generally prohibit an individual from reentering the country for 5 to 20 years, to potentially a permanent ban. A I-212 waiver would enable reentry before the prohibition period ends. The U.S. considers many factors on whether to approve this waiver, including reason for deportation, applicant’s family responsibilities in the U.S. and the need to work in the U.S.
Experienced Legal Representation Matters
We can help you with these immigration waivers:
- I-129 waivers. This waiver is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.
- I-751 waivers. This waiver is available for conditional residents who have been battered or abused by their U.S. citizen spouse.
- I-601 waivers. This waiver allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States.
- I-601a waivers. Similar to I-601, but used by individual inside the U.S.
- I-212 waivers. This waiver is used to apply for readmission after deportation.
- Humanitarian waivers. This waiver allows you to temporarily enter the U.S. if you have a compelling emergency and there is an urgent humanitarian reason or significant public benefit.
No matter the reason for the waiver, our experienced immigration waiver lawyer can help you make the strongest case for waiver approval, identifying mitigating factors and addressing any aggravating elements.
At Harrison Law Office, P.C., we provide comprehensive immigration services in San Francisco. We have counseled and represented individuals and families from all around the world, which is why we offer services in multiple languages for our non-English speaking clients.
Need help filing an immigration waiver? Call Harrison Law Office, P.C. at (415) 212-6817 or contact us onlinefor a consultation.