Being apart from close family members can be difficult, even for a short period. Being legally restricted from your family for an extended amount of time or even permanently can be emotionally and even financially devastating. This is the harsh reality for countless people who have been denied an immigrant visa or other legal immigrant status into the U.S. on the grounds of inadmissibility.
You are not alone in this. Our dedicated legal team is here to help guide you through the complex process of securing immigration waivers in Palm Bay.
Generally, applicants for immigration benefits must establish that they are admissible to the United States. However, there are certain foreign nationals who may not be allowed to enter or obtain status in the United States due to inadmissibility for reasons such as:
Fortunately, it may be possible to overcome the inadmissibility if they can apply for and receive a waiver. There are also certain instances in which the applicant may be exempt from filing a waiver application. The determination is made by the officer. Waiver eligibility depends on whether a waiver is available for the inadmissibility ground, whether the applicant meets other statutory and regulatory provisions for the waiver, and whether a favorable exercise of discretion is warranted.
Given the complexity of the waiver application process, many potential immigrants are discouraged from applying. However, with an experienced immigration attorney, applicants could more effectively navigate the complicated legal process and present a strong case for a waiver of inadmissibility.
There are several types of immigration waivers available, depending on the particular facts of the situation.
This waiver may be applicable if one or more of the prospective immigrant’s family members—who would be the qualifying relative(s)—are already living in the U.S. lawfully as citizens or permanent residents. Some factors that may support the finding of extreme hardship include:
The applicant bears the burden of proving that the qualifying relative(s) would suffer extreme hardship. The determination of whether extreme hardship exists is left to the discretion of the immigration official reviewing the waiver application, which is why it is critical to present a compelling argument based on the totality of the evidence and circumstances presented.
This waiver process allows statutorily eligible immigrant applicants to apply for a waiver of inadmissibility for unlawful presence in the U.S. before departing the U.S. for their immigrant visa interview in their country. These applicants are not eligible to adjust their status in the United States if they have accrued more than 180 days of unlawful presence in the U.S.
This waiver process is applicable to noncitizens when they are inadmissible to the U.S. and are applying for an immigrant visa, adjustment of status, and some other specific categories based on specific grounds of inadmissibility.
This waiver is available for filing by an individual who had been in the U.S. but was removed for a certain amount of time on inadmissibility grounds and now wants to reapply.
A seasoned lawyer in Palm Bay could help determine which immigration waiver is appropriate for a given situation and provide guidance through the application process.
The potential consequences of being found inadmissible are serious. Individuals currently living in the U.S. who have been declared legally inadmissible under immigration law run the risk of removal proceedings and deportation.
For those who have returned to their home country to go through the immigration process or those seeking to come to the U.S. for the first time, a determination of inadmissibility can result in a forced separation from family. This is especially difficult for individuals who are the primary financial providers or caretakers for U.S.-based family members.
Conversely, if individuals who have been denied legal immigrant status rely on their family in the U.S. for financial or health-related support, they may find themselves struggling to care for or provide for themselves. A denial of immigration status can have significant lasting impacts on all concerned. If you are facing issues related to inadmissibility, consult with an attorney in Palm Bay to explore your options and strengthen your immigration waiver application.
The path to an immigration waiver is winding and full of potential pitfalls for the inexperienced. Reach out to a knowledgeable lawyer from our firm to discuss immigration waivers in Palm Bay to maximize your chances of remaining with your family in the United States.