Trust Our Experienced Connecticut Immigration Attorneys
Have you been denied a visa to come to the United States? Don’t give up hope. Although the road ahead may have gotten a little more complex, there are still paths you can take to achieve your dream of coming to the United States. Especially in these circumstances, it is best to work with a skilled Connecticut immigration lawyer who can help guide you through your options.
The Law Offices of James A. Welcome has over 17 years of experience handling complicated immigration matters, including immigration waivers. We care about you and your family and can help you achieve the American dream. Discuss your situation in detail with one of our experienced attorneys today. Call (203) 753-7300 today for a consultation.
What Is an Immigration Waiver?
An immigration waiver is a legal document that asks the U.S. government to forgive or overlook a reason for inadmissibility and to accept an immigration application or grant a green card in spite of it. Certain waivers are available to immigrants and non-immigrants based on Section 212 of the Immigration and Nationality Act. If you meet the various requirements of the waiver and the government accepts it, you can be granted entry into the U.S. or given a green card or visa despite the grounds for inadmissibility.
Types of Waivers
There are many different types of waivers to address different circumstances and situations that individuals find themselves in. An experienced attorney can help you determine what waiver would best fit your needs.
The following is a sample of the most common types of waivers:
- Waiver after prior removal
- Waiver of unlawful presence
- Waiver for crimes more than 15 years old
- Waiver of crimes of moral turpitude
- Waiver for non-immigrants
Attorney Welcome and his team have experience submitting many different types of immigration waivers on behalf of clients. Our multilingual staff speaks English, Spanish, and Portuguese. We can help you and your family with any type of waiver during an immigration inadmissibility issue. We can help you fill out and file the correct application for your specific circumstances.
Do I Need a Waiver?
Many events may require you to obtain a waiver in order to enter or return to the U.S. Our staff can help you assess your situation so that you can reach a decision on whether or not you want to file.
Several reasons you may need to secure a waiver:
- Removal or deportation from the United States
- Staying past your visa expiration date and leaving the United States
- Criminal charges or convictions
- Unlawful presence in the U.S.
- Immigration misrepresentation
If you do need to secure a waiver, our lawyers can help you obtain the correct legal documents and fill them out the right way the first time. This can allow you to avoid common mistakes and issues such as the rejection of your waiver or having to reapply.
What Is an I-601? What Is the I-601A Waiver For?
The I-601 and I-601A waivers are for those who have accumulated unlawful presence in the U.S. Anyone under this circumstance is subject to a 3-year or 10-year bar from the U.S.
You have the choice of filing Form I-601 or the Form I-601A. Form I-601 is the Application for Waiver of Grounds of Admissibility. If you have a spouse, fiancé, or parent who is a citizen of the United States or is a lawful permanent resident who will experience “extreme” hardship if you are denied admission to the U.S., you are able to use this form. Unfortunately, you cannot use this form if you have a child who is a U.S. citizen or lawful permanent resident.
Form I-601A or Application for Provisional Unlawful Presence Waiver may be used if you are already living in the U.S. and are eligible to request a provisional waiver before having your consular interview. If you are a spouse or child of permanent residents, or siblings of U.S. citizens, and adult and married children of U.S. citizens, you are able to use this waiver.
What Is “Extreme” Hardship?
The most difficult aspect of applying for a waiver is proving extreme hardship. Federal law does not give an exact definition of extreme hardship. Instead, these matters are decided on a case-by-case basis according to the applicant’s specific circumstances. Extreme hardship means hardship that is greater than a relative would most likely experience if you were denied entry into the U.S.
The definition of extreme hardship is broad, however, and it is generally up to the officer reviewing your case to decide whether or not a situation constitutes extreme hardship. A lawyer can help you and your family prove extreme hardship to increase your chances of the government accepting the waiver.
What Are Mitigating vs. Aggravating Factors?
Two phrases you may hear while applying for an immigration waiver are mitigating and aggravating factors. Mitigating factors are elements your lawyer can introduce to your waiver application to make it stronger.
Mitigating factors are elements that could make the officer more sympathetic to your situation, such as having children with a qualified relative or your genuine belief that you complied with U.S. immigration laws. An attorney can include all possible medicating factors that apply to your case to strengthen your waiver application.
Aggravating factors, on the other hand, are elements that could weaken your waiver application. These are issues such as immigration law violations, suspected marriage fraud or criminal convictions.
An attorney can analyze any aggravating factors you may encounter and submit evidence that mitigates the seriousness of the aggravation. Your lawyer will look at both types of factors and fill out your paperwork with the best information and evidence available to increase your chances of application acceptance.
How Long Does it Take for a Waiver to Be Approved?
It is normal to want your waiver to be approved and your immigration issue to be resolved as quickly as possible. Your family’s life and future are hanging in the balance, and it can be difficult to wait on a decision.
On average, it takes about four to six weeks for the USCIS and DOS to process a waiver application. Hiring an attorney can help you speed up or expedite the waiver application process as much as possible, as well as avoid mistakes that could make processing take longer.
Se Habla Español. Call the Law Offices of James A. Welcome.
Before moving forward with any applications, get in touch with the team at the Law Offices of James A. Welcome. We are available on evenings and weekends or for phone appointments to discuss your case. We are committed to excellence and backed by years of experience.
Contact us today to learn more about your options. We serve clients worldwide from offices in Waterbury, Danbury, and Norwalk.