Skip to main content

Waiver Basics

So your lawyer has told you that you need a waiver. What does this mean? In all likelihood, you are inadmissible to the United States for one of a myriad of reasons. In other words, even if your application is approved, you still cannot come to or remain in the United States because of a breach of the law which occurred in the past. This breach could be anything from remaining in the United States without the correct documentation or committing fraud to gain entry. A waiver is essentially a request to be forgiven for these breaches of the law. In most cases you will have to prove “extreme hardship” to a US citizen or lawful permanent resident spouse, parent or child. “Extreme hardship” is very vaguely defined as greater than the normal hardship than a similarly situated spouse, parent or child can be expected to experience should their alien relative be refused a green card. The likelihood of approval depends on the hardship that will occur if your application is not approved. If your immediate relative has a serious medical problem or if you are the sole care giver for a relative who needs constant care- you have a strong case. Likewise, your case will be strong if the country to which you would be deported would be considered unsafe for your US citizen relative. The adjudicator would also be more likely to improve a case if a relative had medical or educational needs which cannot be met in your home country. Although language difficulties and financial strain can be considered in aggregate with other hardship factors; these arguments are not in themselves strong enough to warrant an approval based on extreme hardship. Work closely with your lawyer and inform them of any factors that you think might assist him or her improving hardship to you and your family. Remember that the success of a waiver depends on the strength of your underlying evidence.


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…


Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…