Immigration Waiver Attorney Helping You Build a Stronger Case
Immigration waivers can provide a path forward for some people who would otherwise face an inadmissibility issue. They are also highly technical, discretionary, and dependent on the specific ground creating the problem.
From our Orlando, Florida office, we handle a wide range of immigration waiver matters, including I-212, I-601A, I-601, and other applicable waiver filings. Before preparing a waiver, we first determine what issue exists, whether a waiver is legally available, and what evidence will be needed to support the case.
Why Might Someone Need an Immigration Waiver?
A waiver may become necessary because of unlawful presence, certain criminal issues, fraud or misrepresentation, or another ground of inadmissibility.
Not every immigration problem can be waived. Some people may have another legal strategy available, including potential post-conviction relief when a criminal conviction is driving the immigration consequence.
That makes the initial case analysis critical.
Determining Waiver Eligibility
We begin by screening the immigration history, building a timeline, and reviewing the available documentation.
When the existing records do not tell the full story, a Freedom of Information Act request may be useful to obtain government records and understand what has previously occurred in the case.
Waiver eligibility contains significant legal nuance. A detailed review helps determine whether the person is eligible before substantial time is spent preparing the application.
Extreme Hardship and the Qualifying Relative
For waiver types that require a showing of extreme hardship, the hardship is generally evaluated in relation to a qualifying relative.
Depending on the waiver, a qualifying relative may be a U.S. citizen or lawful permanent resident spouse or parent. Children generally do not serve as qualifying relatives for many waiver categories.
Extreme hardship can take different forms. Evidence may involve emotional or financial hardship, psychosocial evaluations, medical treatment, medication history, financial records, and other documentation relevant to the individual family.
Building the Waiver Case
A strong waiver is built around the facts of the person seeking the waiver and the qualifying relative. The documentation should support the legal argument being made rather than simply creating a large file.
Because waivers are discretionary, negative immigration history, criminal issues, fraud, misrepresentation, and other facts can affect how the case is evaluated even when a waiver is legally available.
Before Leaving for a Consular Interview
If you believe an inadmissibility issue may arise, speak with an immigration attorney before departing the United States for a consular interview.
Leaving first and discovering the problem later can put you in a much more difficult position. A consultation can help identify whether a waiver or another legal strategy should be considered before the next step is taken.