There are many times of immigration waivers and different immigration appeals. The experienced immigration lawyers of the Chávez Law Group can help you navigate these complicated issues.
Unlawful Presence Waiver
Unlawful presence can occur in several ways:
- Entering the U.S. without inspection
- Overstaying your visa
- Status violation, such as working in the U.S. when your visa does not authorize you to work
An unlawful presence in the U.S. can result in being barred from the U.S. for a certain amount of time. An unlawful presence for more than six months results in a three year bar and unlawful presence for more than one year results in a 10 year bar.
The I-601 waiver is used to forgive unlawful status and allow you to stay in or return to the U.S. You must prove that you have an immediate relative who is a U.S. citizen, or legal permanent resident, who will endure undue hardship if you are not able to be in this country.
Criminal Background Waiver
In order to receive a 212(h) waiver for a past criminal conviction you must prove one of two things:
- Your conviction occurred more than 15 years ago, you admission is not contrary to the interests of the U.S. and you have been rehabilitated; or
- You have a spouse or children who would suffer extreme hardship if you are not allowed to be in the US
Immigration often involves a long waiting period after a petition is filed and before the visa or Green Card is granted. During that period of time your circumstances may have changed in a way that makes you ineligible. Legally, you are required to report these changes, but that could result in not being approved for your visa or entry into the U.S.
If you are approved based on information that is no longer accurate by the time you receive approval, it is considered fraud. For instance, if your parent petitions on your behalf while you are unmarried, but you get married while waiting for approval, and you are approved based on being unmarried, then your visa or Green Card if invalid.
A 237 waiver forgives the fraud. To qualify you must have a qualifying relative in the U.S. who is a U.S. citizen or permanent resident. This is typically the relative who petitioned on your behalf. Once you receive the waiver your visa or Green Card is again valid.
An immigration appeal must be filed within 30 days after the denial. Consulting with an immigration lawyer as early as possible could help you increase your chances of winning an immigration appeal. An immigration appeal could have a waiting period of up to a year or even more. However, with the help of an immigration lawyer, you could have a hearing in as little as two months.
If you or someone you love is interested in obtaining U.S. citizenship or is facing deportation, please talk to the immigration lawyers of the Chávez Law Group, today, or submit our online questionnaire.