I NEED a WAIVER

If a foreign national does something to exclude him or her from being able to apply for visas, all is not lost. At the Immigration Law Group, experienced immigration attorney Ana M. Mencini helps clients secure waivers so that they can get visitors visas, immigrant visas, and eventually green cards. Do you need a waiver to enter the U.S. to work or be with your family? Contact the Immigration Law Group to discuss your case and how we can help.

When is a Waiver Necessary?

There are many reasons why a foreign national would need to secure a waiver before being allowed to apply for a visa or enter the U.S. legally:

  • If you were deported or removed from the U.S.
  • If you overstayed in the U.S. past your visa expiration and left the U.S.
  • If you were charged with or convicted of a crime

If you are convicted of robbery, theft, another "taking" offense or any other crime involving moral turpitude, you may be ineligible to enter the U.S. without a waiver. Immigration lawyer Ana M. Mencini is well-versed in criminal defense and how convictions affect immigration, and she can explain your options.

In many cases we handle at the Immigration Law Group, our clients know before they are deported or leave the U.S. that they will need a waiver to return. We can help you start the process immediately to help ensure that you are allowed back into the U.S. as soon as possible.

Waivers are very fact-specific inquiries and each family must make their own decision as to whether a waiver should be sought. At the Immigration Law Group, we take the time to explain the waiver process to you and to analyze your case so that we can help you come to an educated decision regarding filing a waiver.

Types of Waivers

There are a number of different types of waivers. The type of waiver varies depending on the issue that needs to be waived and each waiver requires different proof. Here are some of the most common types of waivers:

  • Waiver After Prior Removal:
    An alien who has been removed from the U.S. and wishes to apply before the statutory timeframe must file for a waiver of the waiting period.

  • Waiver of Unlawful Presence:
    This waiver is available to those individuals applying for an immigrant visa. This bar is the result of having been in the U.S. in unlawful status for more than 180 days (three year bar) or more than a year (10 year bar). In order to qualify for this waiver, the alien is required to prove that he/she is the spouse or parent of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver. The Immigration Law Group has handled many of these cases successfully. A well-written and well-documented waiver case will make the difference whether your loved one returns to the U.S. now or in 10 years.

  • Waiver for Crimes More than 15 Years Old:
    This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that the criminal activity making his inadmissible happened more than 15 years ago, he/she would not be a threat to the safety or welfare of others, and the alien has been rehabilitated.

  • Waiver of Crimes of Moral Turpitude:
    This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.

  • Waiver of Possession of Marijuana:
    This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.

  • General Waiver for Nonimmigrants:
    Nonimmigrants who fall into many of the categories on inadmissibility can apply for a waiver to visit the U.S. These waivers are discretionary and the alien must assert why he/she needs to come to the U.S. and why his/her visit will not be detrimental to the U.S.

These categories only touch upon some of the most common waivers and the descriptions are general. Waivers are a complicated area of immigration law and the attorneys at the Immigration Law Group are happy to discuss the waivers that may be available to you. Get sound legal advice before going forward with any application.

Contact attorney Ana M. Mencini at the Immigration Law Group to talk about your situation and need for a waiver.

 

Ana M. Mencini & Associates, P.C. represents clients throughout the Illinois, area, including the cities of Chicago, Rolling Meadows, Schaumburg, Des Plaines, Palatine, Mt Prospect, Rolling Meadows, Park Ridge, Oak Brook, Northbrook, Joliet, Naperville, Wheaton, Evanston, Des Plaines, Lake Forest, Highland Park, Skokie, Niles, Hoffman Estates, Elmhurst, Cicero, Downers Grove, and Hanover Park, as well as the communities in and around Cook County, Lake County, DuPage County, Will County, Kane County and McHenry County.
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