According to the immigration laws, there are waivers to be admitted into the United States after the commission of an immigration violation.
Every person that comes to us inquiring about a waiver, we inform them that they are in a critical situation, like being in the ICU and professional legal help is strongly suggested. Those that need a waiver unfortunately do not know what it is necessary to prepare one. Most are confused and do not know how to prepare a waiver package, others just get wrong information and they end up hiring the services of non-licensed people (often called notarios). That is a huge mistake.
It is essential that before you begin the residency process to consult with an experienced U.S. attorney so that you can be advised whether a waiver may be requested because of an immigration violation. It is terrible to go to a residency interview and hear for the first time that you do not qualify for the residency or that a waiver is needed.
A waiver consists in preparing a well-organized and structured package with the immigration forms, immigration fees, with a legal brief of pleadings prepared by a lawyer and with abundant extreme hardship evidence. All the immigration violations will be included in one waiver package.
We invest around 60 to 80 hours preparing a waiver. They take a lot of work and time to prepare because USCIS sets a very high bar to approve a waiver. In general and to be eligible, the person must have a spouse or parents that are American Citizens or Permanent Residents. USCIS will look on whether those family members have an extreme hardship. In other words, evidence showing how these family members will suffer if the undocumented does not get the waiver.
Factors that are considered under suffering are:
- Health (existing physical and psychological illnesses are the most important factors)
- Economic or financial (expenses that will have to be made to support 2 households)
- Labor (problems or demotions at work due to the separation)
- Educational (lack of interest to study due to immigration status)
- Personal (little interaction at family gatherings)
- Cultural ( little knowledge of the culture, customs, ideas, policies, language in Mexico)
- Security (the actual violence rate that exists in Mexico)
The most common violations for which a consular officer requests a waiver are:
- Unlawful presence (being undocumented or out of status for over 180 or 365 days and departing the United States)
- Fraud (lying or presenting false documents to the immigration authorities)
- Crimes (committing crimes of moral turpitude or marihuana possession less than 30 grams)
- Helping cross over another foreigner to the United States (pollero)
- Health issues (reasons why an official would think you are a health or sanitary threat by being admitted)
We also prepare provisional waivers. This waiver is for people that currently live in the United States undocumented and do not qualify for an adjustment of status inside the United States (they will have an interview in Cd. Juarez) and that the only immigration violation is the unlawful presence. Those with criminal problems, deportations, fraud, or any other immigration violations are not eligible for this provisional waiver.
This waiver can be filed after the relative petition (I-130) has been approved and the payment of the immigrant visa fees have been paid. It is important to point out that the undocumented stays in the United States the whole time while the provisional waiver is processed and reviewed. If denied, there is no departure requirement. If it is approved then the residency process continues and at the end the person must leave the United States to attend to an interview at the American Consulate in Cd. Juárez.
If you have any questions about this matter, please set up an appoinment. We will establish a strategy according to your needs so that USCIS can approve it and you can reunite with your family in the United States. I have been helping families with these type of immigration problems for many years. I will give you all the guidance and support you need to be able to send a strong waiver. Let yourself be helped.