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Immigration Attorney for Waivers in Phoenix Arizona
The attorneys at Ybarra Maldonado Law Group have a record of success in obtaining waivers for our clients. We know how to build these cases and make them convincing. If you were already denied a waiver once, we can help you make your case stronger. Our team works with both you and your family to file for the correct waiver, collect the necessary evidence, and submit the documentation you need. Contact us for a free consultation.
What is a Waiver?
A Waiver, also known as a Waiver of Inadmissibility, is a pardon for a violation of immigration policy. If you are inadmissible to the U.S. but want to apply for a visa, you need a waiver. You could be inadmissible to the U.S. if you:
- Are in poor health
- Have a criminal background
- You pose a risk to national security
- You are likely to become a public charge, meaning you will need government assistance
- Are missing a required labor certification
- In prior immigration documents you committed fraud and misrepresentation
- You were already removed from the U.S.
- You are not in the U.S. legally
There are other miscellaneous reasons you could also be considered inadmissible to the U.S. If you apply for and receive a waiver, you may be able to stay in the U.S. for longer and possibly apply for a visa.
How Do I Qualify for a Waiver?
There are various types of Waivers. It is best to speak with an experienced Immigration Attorney with experience in filing Waivers to find out which type is right for you. The requirements will depend on the type of waiver you are applying for. Some of the most common things you might need to prove:
- You or your U.S. citizen or legal permanent resident spouse, parent, or the K visa petitioner would suffer extreme hardship if the application were denied.
- You must provide evidence of this family relationship with marriage or birth certificates.
- Your health has improved if you are inadmissible for health reasons.
- This could include medical records and doctor’s notes.
- You are least 17 years old
The applicant must provide extensive personal information on your application including your address, alien number if applicable, country of origin and other biographical information. Additionally, you must disclose all reasons you might be considered inadmissible.
The most common form of waiver is Form I-160
- Form I-601 is the Application for Waiver of Grounds of Inadmissibility. It is filed outside of the U.S.
- Form I-601a is the Application for Provisional Unlawful Presence Waiver. It is filed while in the U.S.
What is Extreme Hardship?
You’ll hear the term “extreme hardship” in relation to waivers. What is extreme hardship and how can you meet that requirement?
The applicant must show that denial of the waiver will cause “extreme hardship” to the immediate relative of the applicant. The person that will experience “extreme hardship” must be a U.S. citizen or legal permanent resident. However, U.S. law does not clearly define “extreme hardship.” In most cases, the decision as to what counts as “extreme hardship,” depends on the opinion of the USCIS officer handling your application. Some possible extreme hardships could include:
Your immediate relative is in poor health, requires specialized ongoing treatment and is unable to travel. Your presence in the U.S. is essential for their health.
The applicant’s country is currently experiencing war or major political upheaval
This does not include simple financial inconvenience. Rather, the family member must be under threat of losing future employability, loss due to sale of a loss or business, cost of care of family members;
The family member will suffer loss of opportunity for higher education, lower quality education, or inability to speak foreign language
In all cases, “extreme hardship” must be worse than the normal hardship expected from family separation or financial inconvenience from deportation. There is a lot of documentation required to prove “extreme hardship.” Speak with an experienced immigration attorney to find out if you qualify for a Waiver due to possible extreme hardship.
- A Merits Hearing could take anywhere from a few hours to multiple days.
- The government and the foreign national present testimony from witnesses and outline their arguments for or against deportation. Each side may cross examine witnesses.
- The judge might ask questions and then decide whether the individual may remain in the U.S.
- Both the foreign national and ICE may appeal the decision within 30 days.
- An individual may appeal the judge’s decision within 30 days. ICE may also appeal a decision within the same time frame.
- In some cases, if the foreign national finds new evidence that would support their case after the 30 days, he or she can file for a Motion to Reopen.
- If an individual from Mexico receives final removal order, ICE flies or busses them to the border.
- ICE flies foreign nationals to their home countries not bordering the U.S.
How Do I Apply for a Waiver?
In addition to completing the necessary form, you will also need to provide evidence of extreme hardship. This could include:
- Expert opinions
- Medical or mental health tests and evaluations by licensed professionals
- Documents of identity and family relationships
- Birth certificates
- Marriage certificates
- Adoption papers
- Other court documents
- Evidence of employment or business ties
- Payroll records
- Tax statements
- Bank records and other financial records
- Records of affiliation with:
- Community organizations
- Volunteer activities
- Cultural groups
- Newspaper articles and reports
- Your own personal testimony
- Affidavits and statements that are signed “under penalty of perjury,”
- Relevant letters from the applicant or any other person
If you are filing in the U.S. you will need to appear for biometrics processing.
How Long Does It Take for a Waiver To Be Approved?
Again, this will depend on the type of Waiver you are applying for and your personal circumstances. Other factors include how long it takes you to collect evidence and fill out the application. In many cases, it takes several months. Trying to build a case on your own might end up wasting you time and money if you don’t know how the process works. Enlisting the help of an experienced immigration attorney with extensive knowledge of waivers will help you achieve your goals faster.
Contact Experienced Immigration Attorneys
Do not wait to start your Waiver application with the help of the passionate, experienced immigration attorneys at Ybarra Maldonado Law Group. Contact us for your free assessment for your waiver case.