As I work with clients and consult with prospective clients, I love to take a collaborative approach and informatively guide my clients through the process, which gives them a sense of empowerment as well. One way that I do this is by posting information rich blog posts on my firm website and on my immigration blogs. I find many clients often struggle with solutions to a very difficult circumstance: That is, how to get past their or their relative's inadmissibility to the United States. One of the ways to get past inadmissibility is through a waiver. I think a big problem is, some clients have a hard time identifying inadmissibility and when they do, they have difficulty figuring out how to get past the inadmissibility. I can relate with clients on these difficulties, because at times, the waiver process can be exceedingly complicated. This article addresses the need to identify that there may be an inadmissibility problem and the need to get counsel involved as early in the immigration process as possible.
I will not expound on all the different reasons one may need a waiver. I have already addressed these reasons on my informational blog, MyImmigrationInfo.com, under Grounds of Inadmissibility. You can also read information about inadmissibility and waivers at my firm website, ST Law Office, PLLC, under the Immigration Practice Area page. However, I will discuss the overall experience of coming to terms with your or your relative's immigration inadmissibility, some hopeful avenues to take to be re-admitted into the United States and the importance of preparing a waiver in advance when it is necessary.
As an attorney and one who has seen the process first hand, I can tell you this now. If you or your relative has been convicted of a certain crime (see criminal grounds of inadmissibility), or has previously been deported or unlawfully present (See immigration violation grounds of inadmissibility), it is likely you or your relative will need a waiver to re-enter the United States. If you or your relative has an adverse criminal or immigration history, consult an attorney immediately before filing any paperwork with the USCIS. The right immigration attorney would be able to alleviate your fears if there is nothing to worry about or prepare you for the worst to come. I know, attorney fees can be expensive, which serves as a big obstacle for clients. But quality representation may very well be worth it because it could increase your chance of being re-admitted to the United States. If cost is a huge obstacle, it is important to seek an attorney early to allow yourself enough time to shop around for an attorney who is both well qualified and reasonable.
The Advantages of Attorney Representation
Sponsoring a relative who is inadmissible is a tedious, complicated process, marred by uncertainty. While you wait during the immigration process, it feels like a cruel fate looms. However, an attorney can properly lay out the hopeful avenues to reunite you with your relative in the United States and assist you to come up with a plan and execute the plan. For example, one common waiver is the Extreme Hardship Waiver (see waiver for criminal inadmissibility and waiver for certain immigration violations). A waiver for previous immigration violations, such as misrepresentation and fraud, may be granted if the inadmissible applicant can prove that a U.S. citizen or Permanent Resident relative (spouse, parent, son or daughter) will face "Extreme Hardship" if the inadmissible applicant is not granted a waiver to re-enter the United States. One of the key aspects of the Extreme Hardship waiver, is the collection and preparation of supporting evidence.
Preparing the waiver with the supporting documentation can be time consuming. For example, if there is a medical hardship that the relative will face, this will involve collecting extensive documentation of the illness and medical records, along with a physician's opinion and evaluation. Sometimes, it takes the physician a week or more to send the medical records, along with a letter. In addition, the attorney will spend time researching the relevant legal authority to support approval of the waiver. This too can take time to prepare. Therefore, when an attorney can confirm that a waiver will be needed, advance preparation is the next big step, which will make submitting the waiver easier at the visa interview or shortly after. With a lawyer's knowledge and guidance, you can face the problem of inadmissibility in advance in order to give yourself or your relative the best chance later on.
What to Expect During the Immigrant Visa and Waiver Process and the Importance of Preparation
Even though you know your relative is inadmissible, you will still file the I-130 petition to sponsor your relative, and go through the normal petition process. If the I-130 is approved, it will be sent to the country of the inadmissible relative to be processed as an immigrant visa. The consul will contact the relative, schedule an interview and provide instructions for the medical examination to be done before the immigrant visa interview. At the interview, the immigration officer will usually review your or your relative's history and advise you of the inadmissibility and the need for a waiver. *** This is where you will receive the reward of preparation. Once advised of the inadmissibility, you can submit the prepared waiver at the interview if permitted, or make a follow up appointment to submit the waiver shortly after the interview. The advance preparation allows you to submit the waiver soon after the interview so that the processing of the waiver can start shortly after the interview, which could possibly cut your wait time for the decision on the waiver by a month or two.
So the moral of my story: contact an attorney for advice and guidance before sponsoring an inadmissible relative and before filing any paperwork with the USCIS, and work on preparing the waiver in advance of the interview to give yourself a good headstart.
If you have any questions regarding this post or any of the waiver articles on my blogs, feel free to ask at: st@stlawoffice.com .
Good luck!
Disclaimer: The information on this blog is for informational purposes only and is not legal advice nor does it establish an attorney-client relationship.
*** There are instances, in which some inadmissible immigrants are allowed to apply for the waiver shortly after filing the I-130. For example, The I-601A Provisional Waiver allows for this under certain circumstances (only when unlawful presence is the only ground of inadmissibility and the qualifying relative is a U.S. citizen). This information is also on Everything Waivers at My Immigration Info.
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