Friday, November 7, 2014

What is immigration waiver

Many people have called or written to ask whether they can stay in U.S after they were in trouble with laws, even after they have had a deportation order. The answer is as always, it depends. Here is why. 
You must meet certain requirements of laws if you want to enter the U.S. to live, work or study.    If you committed certain crimes in your home country or in the U.S. you will be considered not qualified, or in legal term,  inadmissible. However, under certain circumstances, US government is willing to overlook your bad history and still allow you to enter. This is called a waiver. 
Of course, the waiver is not given automatically and you have to apply for with preponderance of evidence that you are worthy. Nevertheless, if your crime(s) are murder, torture, aggravated felonies, money laundering or for violations of any other law regarding controlled substances (including trafficking), no waiver will be given to you regardless. 
Generally, most applicants will need to show extreme hardship to a U.S. citizen or LPR family member. Note,  the INA does not define extreme hardship and the officer reviewing your case has broad discretion in deciding whether your qualifying relative’s circumstances constitute extreme hardship. Mere separation is not enough to show extreme hardship. Every case is unique and this is why it is important to have an immigration attorney that will take the time to know and understand your family. It is only through a relationship of trust and understanding that the best arguments can be made in your waiver application.