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.

Comments

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…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

The DOJ Raised The Penalty Fee for Immigration Law Violations--Including Employer Sanctions

The Department of Justice announced an increase in fines for violations of the Immigration and Nationality Act, as the pertain to those sections that account for fraud, document abuse, and unfair immigration-related employment practices. While this is only an adjustment for inflation, it brings home the point that that poorly or incorrectly completing immigration forms, like the Form I-9, can lead to very costly fines from ICE and the Immigration Court. If you have any questions or concerns about I-9s in your company, please call the attorneys and Kuck Immigration Partners.  We have decades of experience representing employers in the ICE and DOL immigration investigations.  You can reach us at 404-816-8611 or at ckuck@Immigration.net.  




U.S.C. citation

Name/description

CFR citation DOJ penalty assessed after 8/1/2016 ($) 1 DOJ penalty assessed after 2/3/2017 ($) 2 8 U.S.C.     IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated against).     …