Are You Inadmissible to the United States?

If you’ve been declared inadmissible to the United States and you’re seeking a green card, an immigrant visa, certain nonimmigrant visas, or other immigration benefits, you must obtain a waiver of your inadmissibility with the assistance of a Boston immigration attorney.

A waiver asks immigration authorities to overlook the reason someone is inadmissible. You could be inadmissible because you have a criminal record, are considered a security threat, have a health issue, or would rely entirely on public assistance.

However, if your inadmissibility creates extreme hardship for your U.S. citizen spouse or parent, you may qualify for a waiver. A Boston immigration lawyer will help you determine which waiver is most appropriate for you and help you prepare and file your waiver request.

What Waivers May Be Available?

Because everyone’s situation is unique, several waivers are made available to those seeking to enter or remain in the United States, including:

  1. a waiver of inadmissibility (I-601)
  2. an unlawful presence waiver (I-601A)
  3. “Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal” (I-212)
  4. a “Hranka” waiver (a 212(d)(3) waiver) for those who are otherwise inadmissible

When Should You Seek an I-601 Waiver?

Anyone ineligible to enter the U.S. as an immigrant or to adjust status in the U.S., along with particular nonimmigrants who are inadmissible, may submit the I-601 application to seek a waiver of specific grounds of inadmissibility.

Whether you qualify for an I-601 waiver depends on the benefits you are seeking and the reason you are inadmissible.

The I-601 waiver requires you to have a relationship with a U.S. citizen or a lawful permanent resident qualifying relative who would experience extreme hardship if you continue to be deemed inadmissible.

When Should You Seek an I-601A Waiver?

An I-601A waiver (or “unlawful presence waiver”) is for particular immigrant visa applicants who are relatives of U.S. citizens or lawful U.S. permanent residents. The applicant may submit the request while still in the United States.

An I-601A waiver only waives the unlawful presence an applicant has accumulated while in the U.S. If the applicant has other grounds of inadmissibility, he or she will have to seek a different waiver.

An I-601A waiver applicant must show that his or her U.S. citizen or lawful U.S. permanent resident spouse and/or parent(s) will suffer extreme hardship if the applicant isn’t allowed back into the U.S. Applicants with multiple illegal entries do not qualify for this waiver.

When Should You Seek an I-212 Waiver?

The I-212 waiver is for immigrant and nonimmigrant visa applicants ordered removed by an immigration judge or issued an expedited order of removal. When a non-citizen is ordered removed, that person is inadmissible but may reapply for admission to the U.S.

Typically, inadmissibility is for five, ten, or twenty years, which is why so many apply for I-212 waivers. Inadmissible persons must obtain an I-212 waiver to enter the U.S. lawfully before their inadmissibility expires.

If an inadmissible person returns to the U.S. illegally without an I-212 waiver, that person may not reapply for an I-212 for at least ten years and may be subject to criminal penalties.

When Should You Seek a 212(d)(3) Waiver – a “Hranka” Waiver?

Someone who seeks to enter the U.S. as a nonimmigrant but who does not qualify for a nonimmigrant visa or is inadmissible may still be allowed into the United States at the discretion of immigration authorities after obtaining a Hranka waiver.

Three factors are considered by immigration authorities when they decide whether to grant a Hranka waiver:

  1. the risk to the public if the applicant is allowed into the United States
  2. the nature of the applicant’s prior immigration or criminal violations
  3. the reason the applicant desires entry into the United States

What Evidence Will You Need to Prove Extreme Hardship?

To prove extreme hardship for obtaining an immigration waiver, an immigrant needs to show that a denial of his or her request to remain in or enter the U.S. would cause extreme hardship to the immigrant’s qualifying U.S. citizen or lawful U.S. permanent resident family member or members.

You and your immigration lawyer may submit documentation of medical, financial, or cultural hardships and the other consequences of inadmissibility.

  1. Personal statements: The immigrant and qualifying relative should provide statements explaining the hardship they will suffer if the immigrant is not permitted to stay in or enter the United States.
  2. Financial records: Tax returns, income statements, bank statements, pay stubs, and debt statements can be offered as evidence of the financial impact of family relocation or separation.
  3. Employment records: Proof of employment or job loss and the challenge of finding comparable employment in the applicant’s home nation can be offered as evidence of hardship.
  4. Medical records: Key medical records, statements from doctors, and evidence of inadequate healthcare access in the immigrant’s home nation can be offered as evidence of medical hardship.
  5. Human rights reports: Reports and articles about human rights violations, safety concerns, and other dangers in the immigrant’s home nation can demonstrate the difficulties of separation or relocation.
  6. Statements from friends and relatives: Letters and sworn statements from friends and relatives may offer additional context and support for a hardship claim.

Where Can You Find the Immigration Help You Need?

If you need to obtain an immigration waiver, consulting a Boston immigration attorney at Toland Law should be your very first step. Everyone’s situation is unique, so you are going to need personalized immigration advice.

We will help you show the immigration authorities that hardship will be the result if you are removed from or barred from entering the United States. A Boston immigration lawyer at Toland Law will work to help you achieve your goal while ensuring no misunderstandings or mistakes delay the process.

U.S. immigration laws are extraordinarily complicated, and you can’t take anything for granted. Get the legal help you need to obtain a waiver – or for any other immigration issue you may be facing – and schedule your first consultation with Toland Law now by calling 857-347-37012.+?&Nb.v

Toland Law, LLC