Waivers

Waiver Process and Preparation

It is crucial that before starting an immigration process, you consult with a lawyer licensed in the United States so that he or she can inform you if any immigration violations have been committed. The worst that can happen is that the person goes to the interview and finds out for the first time that he or she needs a waiver. The waiver consists of preparing a well-organized and structured package with the immigration forms, with the payment for the waiver, with a legal brief prepared by an attorney and with abundant evidence to prove what the immigration offices (USCIS) are requesting. All immigration violations are included in a single waiver package.

Are you eligible?

According to immigration laws, there are waivers for admission to the United States after committing an immigration violation. Anyone who comes to my office requesting a waiver, I inform them that they are in intensive care and need professional help.

Eligibility Requirements and Criteria

In my office, we spend between 60 and 80 hours preparing a waiver. Waivers are very laborious, difficult, and expensive. This is because USCIS sets the bar very high for approval. To be eligible for a waiver, the person being waived must have a spouse or parents who are American citizens or permanent residents, and crucially, be able to demonstrate extreme hardship toward them. In other words, you have to gather ample evidence of how those family members would suffer.

The factors that are considered within suffering are:

Health (the existence of physical and psychological illnesses make the difference)
Economic or financial (the expenses that will be incurred by having to maintain two homes)
Work (problems at work due to the immigration status)
Educational (not being able to study due to the immigration status)
Family (lack of interest in continuing with a healthy lifestyle)
Personal (isolation and little interaction in meetings with the family)
Cultural (little knowledge of the culture, customs, ideas, politics, language in Mexico)
Security (the current climate of violence that exists throughout Mexico)

Common Violations and Provisional Waivers

The most common violations for which a consular officer requests a waiver are:

Undocumented presence (being without papers or out of status for more than 180 or 365 days and leaving the United States)
Fraud (lying or presenting false documentation to immigration authorities)
Crimes (committing crimes of moral turpitude or possession of marijuana less than 30 grams)
Deportation (for having incurred in a serious immigration offense that warrants it)
Illegal Crossings(when assisting another foreigner to enter the United States)
Health issues (those issues for which the officer believes that there is a health or sanitary risk to be admitted).

We also prepare provisional waivers. This waiver is for those people who live in the United States undocumented and do not qualify to settle within the United States (they have to go to their interview in Cd. Juárez) and whose only immigration violation is undocumented presence. Those with criminal problems, deportations, fraud commission, or any other immigration violation are not eligible for this option.

Conclusion

According to immigration requirements, this waiver begins by filing the application, which must be approved and then paying for the residency process. Finally, the provisional waiver is filed at an immigration office in the United States. It is important to emphasize that the person would be in the United States at all times while the provisional waiver is being processed. If the waiver is denied, there is no requirement that the person has to leave the country. If it is approved, then the residency process continues and at the end, the person must leave the United States to attend an interview at the American Consulate in Ciudad Juárez. I ask that you schedule an appointment so we can talk about how we can help you prepare your waiver. We will establish a strategy according to your case so that USCIS grants it and you can reunite with your family in the United States.

SuccessStories

Guadalupe Carnes

Excellent Lawyer! Very professional, recommended 💯/ 💯 and very grateful for having helped me with my case with excellent results! 🙏🏼

Narciso Ortiz

Excellent services, they answered all my questions and were very attentive with their advice throughout my process. I would like to highlight Ms. Lizbeth Rivera for her good attention, cordiality and professionalism.

Joe M.

I want to recommend Attorney Arturo Rodriguez for his excellent work, punctuality, and his recommendation for my Mothers Citizenship. Great work to him and his staff! I highly recommend him 😊 Thank you Abogado! Joe and Ramona Mexican

Mauricio Lecona

Excellent service, they follow up with you at all times and always resolve your queries. They are on top of the process until the last moment. Very professional.

Rubio R.

Excellent treatment and good service, always very attentive to resolve any inconvenience either by phone or in person, highly recommended!!!

Vianney Z.

Thank you Lawyer for your service, for the advice 🙏🏻🥹, for your entire work team today when we had the interview and everything went very well. God bless you 🙌🏻

Israel L.

Attorney Rodriguez and his team were very kind, very clear and very honest from the beginning with the whole process. My wife and I are very grateful to have been their clients since they handled our cases in a very efficient, fast and satisfactory manner. We highly recommend him and his firm.

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