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How to Avoid Immigration Waiver Denials

Not all the paths to legal status offered by the United States Citizenship and Immigration Service (USCIS) are cut-and-dried affairs. The USCIS tries to simplify its petition and approval process in a way that individuals can handle certain matters on their own, however, many situations require the assistance of seasoned immigration attorneys. To this effect, immigration waivers and appeals immediately come to mind.

A single mistake on a petition or a sole deviation from the requirements set forth by USCIS can result in a denial. When this happens, immigrants usually have two options: waivers and appeals. Either of these two options can result in a denial, which remains permanently on record and may result in removal proceedings. The easiest way to run into a denial of an immigration waiver is to not retain adequate counsel. To a certain extent, the USCIS instructions for waivers and appeals suggest that an immigrant may proceed without an immigration lawyer, but this tends to be a recipe for disaster.

One of the most common situations that require an immigration waiver is overstaying the visa period granted by the I-94 form issued by USCIS officers at ports of entry. Once an immigrant overstays this period by more than 365 days, he or she may be barred from re-entering the U.S. for ten (10) years. If this unlawful permanence period is less than a year but more than six months, the re-entry bar is for three (3) years.

A seasoned immigration attorney in San Diego may be able to help immigrants avoid the 10-year bar through the process of Extreme Hardship. This is a special waiver available to individuals who have parental or filial ties to U.S. citizens. If for some reason this waiver is not approved, a lawyer will prepare for the next stage of appeal.

An even more common immigration waiver strategy is known as the 212d3. This strategy is very broad and can be applied to a range of issues, ranging from unlawful presence to criminal convictions. Case law that supports this waiver dates back to 1978, and it is known as the Matter of Hranka. The landmark ruling on this matter set three standards for admissibility and possible permanence in the U.S., but the filing requires an effective legal brief prepared by an experienced lawyer.

Find the help you need to accurately fill out and correctly file a waiver or petition. At KS Visa Law, we can also help you with forms for permanent residency through employment or help you secure temporary visas for your business. Call (858) 874-0711 and request a complimentary consultation today.

May 2024