If you are facing charges in the United States and want to avoid the possibility of being sent to jail, you should hire a Stateside Waiver Processing Attorney This type of attorney will help you apply for a waiver so that you can keep your visa status and stay in the country. There are several types of waivers available, including 212(h) waivers and immediate alien relative of a US citizen.
In this article, you will learn more about the process of applying for a 212(h) waiver, as well as steps you should take to get your waiver approved. You will also learn what other legal options are available after you are denied a waiver.
212(H) Waiver For Certain Criminal Offenses
If you are considering filing for a 212(h) waiver in the United States, it is important to first understand the process. This waiver can help you keep your green card and avoid removal proceedings. But you must meet an extraordinarily high standard to be approved for a 212h waiver.
You must first prove that your inadmissibility is not due to a crime. The Attorney General does not grant waivers to aliens who have pleaded guilty or have been convicted of crimes. Nevertheless, in certain circumstances the Attorney General may waive the inadmissibility of an alien who has committed a criminal offense.
A 212h waiver is most commonly granted for white-collar crimes, such as fraud, counterfeiting and theft. However, it can also be used to waive drug crimes. For instance, a person can be granted a 212h waiver for possession of marijuana under 30 grams.
Some LPRS are barred from waiving aggravated felonies. For this reason, a qualified immigration attorney is often needed to file a 212h waiver.
Besides the aggravated felony, another criminal conviction that can be waived under a 212h waiver is a CIMT conviction. CIMT is a type of criminal offense for which a person must be convicted at least 15 years ago. Moreover, the CIMT conviction must be for a petty offense, such as prostitution.
Another criterion that can determine the eligibility for a 212h waiver is the amount of time the alien has been living in the United States. If the alien has resided in the United States continuously for at least seven years, he or she is eligible for a waiver.
Although the Immigration and Nationality Act makes a non-US citizen deportable, it does not make him or her inadmissible. There are exceptions to this rule, including for qualifying family members of a U.S. citizen, spouses, and children.
SS 212(h) relief is available for both temporary and permanent residents. It is usually granted for qualifying relatives of LPRs.
In order to be granted a 212h waiver, the applicant must establish extreme hardship to his or her U.S. citizen spouse or child, demonstrate rehabilitation, and prove that the admission is not against the interests of the U.S. Generally, the Attorney General will not grant a 212h waiver for an inadmissible alien.
Immediate Alien Relative Of A U.S. Citizen
The Department of Homeland Security (DHS) released a notice in the Federal Register on January 9, 2012. In a nutshell, the new process allows eligible immediate relatives of U.S. citizens to request a waiver of unlawful presence in order to get an immigrant visa. This is similar to the current process, but is faster and more efficient.
However, there are a number of commenters who felt the process was too restrictive. Specifically, they wondered why DHS did not allow all family-sponsored immigrants to apply. They also asked why DHS did not expand the eligibility criteria.
Moreover, many commented that the process was too complicated. Others questioned why the process was not implemented in other countries. Some asked why DHS did not give priority to aliens with good moral character. A number of commenters even asked why DHS did not include all employment-based immigrants in the process.
As with any proposal, the Department of Homeland Security is considering all of the comments. However, they will not be adopting any of the suggested changes. It is for this reason that DHS considers the process to be an improvement over the current system.
In addition to reducing the amount of time American families are separated, the process also provides a better way for immigrants to obtain an immigrant visa. Rather than having to travel abroad to get an immigrant visa, these immediate relatives can file a waiver of inadmissibility while they are in the United States.
Aside from the new filing procedure, DHS has also removed a rejection criterion from the final rule. Previously, a DOS consular officer could deny an applicant’s application for an immigrant visa if he or she did not complete the required forms. While this may not be a major issue for most applicants, it is still something to keep in mind.
Although the process is not new, it is being re-engineered to make it faster and more efficient. However, it is important to note that it is only for immediate relatives of U.S. citizens.
Other Legal Options After A Denial
Although you have been denied an I-485 visa, it does not have to stop you from enjoying the perks of American citizenship. If you are facing deportation, you may be eligible to petition for permanent residency if you meet the eligibility requirements.
The requisite paperwork isn’t as intimidating as you might think. You can even start the immigration process by enlisting the services of an expert. A qualified immigration lawyer can tell you more about your case, and provide you with the information you need to make informed decisions.
The most efficient way to obtain a Green Card for Family Preference Immigrants is by filing an I-485 application. There are many reasons for which you should not delay. This is a great time to get an attorney on your side, and start the immigration process while you still have time.
Depending on the circumstances, you may be able to file for permanent residency with as little as 30 days of filing. Of course, you should only do this if you aren’t planning on staying in the country long term.
There are a number of reputable firms that can assist you in securing a green card. These include immigration lawyers, paralegals and legal secretaries. Some firms even offer a flat rate fee. Others charge a fee based on the time and complexity of your case.
One such firm will only accept applicants who believe that they have been denied an I-485. In some cases, the agency will send your case to a different USCIS office.
As is often the case, you can expect your case to be treated with a degree of respect. An immigration lawyer can help you with your case, and ensure you have all of the relevant documentation in hand. To find out what you can expect, schedule a free consultation today.
Steps To Take To Apply For A Waiver
If you are a permanent resident who is required to leave the United States to go to a visa interview in your home country, you should apply for a stateside waiver. Also known as a provisional unlawful presence waiver, this option allows you to remain in the U.S. while your application is processed.
Previously, immigrants were required to go to a consulate in their home country to apply for an immigrant visa. This process was very costly and often took months to complete. In addition, families were separated for a lengthy period of time.
The Department of State now has a stateside waiver program that allows qualifying immigrants to apply for a visa waiver from the U.S. Embassy or Consulate. It is important to note that the applicant must meet specific requirements.
Applicants who qualify for a waiver must show that they face extreme hardship. These hardships include medical issues, financial challenges, and family separation. They must also prove that their sponsor’s situation is beyond their control.
Immigrants who apply for a stateside waiver will not be subject to the 10-year bar for prior removal orders. In addition, they can stay in the United States while their case is reviewed. Once they are approved, they will be able to file an immigrant visa application.
To apply for a stateside waiver, you must fill out a Form I-601A. You must also submit proof of eligibility, including a personal statement and evidence of your relationship to a U.S. citizen.
Before applying for a waiver, you should consult with an experienced attorney. They can help you fill out the application correctly and prepare a complete application. Their knowledge of immigration law will ensure that you are comfortable with your options.
A qualified attorney will evaluate your case and explain your options. You should make sure to establish an attorney-client relationship before you leave the U.S., since USCIS may deny your case for various reasons.
In most cases, you must have an immediate family member who is a U.S. citizen to be eligible for a waiver. The person must be the spouse, parent, or child of a U.S. citizen.