Memphis Waivers Of Inadmissibility Attorney

People are human; they make mistakes. Those mistakes may negatively affect a person's admission to the United States or ability to remain in the United States permanently. These mistakes, intentional or unintentional, are called grounds of inadmissibility. The law provides a person with an opportunity to apply for "forgiveness" for these mistakes through a process called a waiver.

If granted, a waiver of inadmissibility, clears the way for a person to enter the United States or remain in the United States permanently. Waivers are discretionary; meeting the standard for a waiver requires the skill and expertise of an experienced lawyer. If you are facing these issues, we are here for you.

Tennessee Waiver Attorney

These are the most Common Grounds of Inadmissibility and Waiver Provisions:

  • Health-related grounds — INA §212(a)(1); waivable under INA §212(g) and 8 CFR §212.7(b).
  • Criminal and related grounds — INA §212(a)(2); waivable under INA §212(h) and 8 CFR §212.7(d).
  • Misrepresentation in immigration matters — INA §212(a)(6)(C)(i); waivable under INA §212(i).
  • Smuggling — INA §212(a)(6)(E); waivable under INA §212(d)(11).
  • Unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S. — INA §212(a)(9)(B); waivable under INA §212(a)(9)(B)(v).

The standard for granting a waiver is known as "extreme hardship." Proving extreme hardship is fact specific to each person's life and family circumstances.

We know that the key to a successful waiver is knowing our client. We will explain and identify the factors adjudicators are instructed to look for in a waiver to assure you that all information we collect is solely for the purpose of the waiver. We do everything to create a safe environment in which you feel comfortable and can speak freely. We will listen carefully with dignity and respect and provide emotional support as needed.

Once we have gathered the information we need, we will draft a written document presenting the adjudicator with the factors that demonstrate extreme hardships a client faces. We always weave our clients' life stories into compelling, heart-rending and legally sufficient documents.

The pre-Jan. 4, 2013, procedure for applying for a Waiver of Inadmissibility for people in consular processing cases, was to submit the waiver and proof of extreme hardship on Form I-601 at the U.S. Consulate where the foreign national was interviewing for the Immigrant Visa (IV) or K visa. The processing times for waivers of inadmissibility filed at U.S. Consulates took from four weeks to 18 months. During the processing time, families were separated.

Effective June 4, 2012, the USCIS centralized Immigrant Visa (IV) waivers of inadmissibility for those abroad by requiring them to file waivers of inadmissibility with the USCIS domestic Lockbox facility and not at the U.S. Consulate. Exceptions to centralized filing of immigrant visa waivers: 1) Cuban cases; 2) Exceptional circumstances. (The U.S. Consulate in Ciudad Juarez joined the centralized IV Lockbox filing program on December 4, 2012.)

PROVISIONAL WAIVER
On Jan. 4, 2012, the USCIS announced the introduction of the Provisional Waiver. The Provisional Waiver (PW) is a procedural change which permits the filing of a waiver based solely on the inadmissibility ground of unlawful presence.

The PW program went into effect March 4, 2013, using a newly created FormI-601A.

This procedural change effectively allows families to remain together in the U.S. until a decision is reached on the waiver for unlawful presence. This processing change is in response to the long separation periods families were experiencing under the old process.

The PW only waives the inadmissibility ground of unlawful presence. Nothing else. If USCIS has "reason to believe" that the foreign national may be subject to inadmissibility grounds other than unlawful presence, the PW will be denied.

Although INA §212(a)(9)(B)(v) allows for waivers of inadmissibility to be filed by qualifying relatives of green card holders, the USCIS has declined to include that group in the PW process at this time.

INA §212(a)(9)(B)(v) permits a discretionary waiver of unlawful presence by the Attorney General (or his designees) in the case of a foreign national seeking admission to the U.S. who is the spouse or parent of a United States citizen or green card holder if the denial of such waiver (i.e., refusal of admission to the U.S.) would result in "extreme hardship" to the U.S. citizen or green card holder spouse or parent. Extreme hardship to children is omitted by statute for waiver purposes.

Foreign nationals who have Temporary Protected Status (TPS) grants by USCIS or Immigration Judges may apply for PW like anyone else who is eligible for the process. For a list of countries designated for TPS, check USCIS website.

The pre-Jan. 4, 2013, procedure for applying for a Waiver of Inadmissibility for people in consular processing cases, was to submit the waiver and proof of extreme hardship on Form I-601 at the U.S. Consulate where the foreign national was interviewing for the Immigrant Visa (IV) or K visa. The processing times for waivers of inadmissibility filed at U.S. Consulates took from four weeks to 18 months. During the processing time, families were separated.

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security United States Citizenship and Immigration Service (USCIS) by filing form I-612.

prior to changing status in the U.S. or being issued a visa in certain categories for travel to the U.S.

As a current or past exchange visitor (J-1) visa holder, you are subject to the two-year home-country physical presence requirement, also known as the foreign residence requirement under U.S. law, for one or more of the following reasons:

  • Government funded Exchange Program — You participated in an exchange program that was funded in whole or in part by a U.S. Government agency, your home country's government, or an international organization that received funding from the U.S. Government or your home country's government.
  • Specialized knowledge or skill — You participated in an exchange program involving an area of study or field of specialized knowledge that has been designated as necessary for further development of your home country and appears on the Exchange Visitor Skills List for your home country.
  • Graduate medical education/Training — You participated in an exchange program to receive graduate medical education or training.

Five Bases for Recommendation of a Waiver of the Two-Year Home-Country Physical Presence Requirement

1. No-Objection Statement:

Your home country government may issue a No-Objection Statement through its embassy in Washington, D.C., directly to the Department of State Waiver Review Division that it has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident (LPR) of the U.S. The No-Objection Statement may also be issued by a designated ministry in your home country's government and sent to the U.S. Chief of Mission, Consular Section at the U.S. Embassy within that country. The U.S. Embassy would then forward it directly to the Department of State Waiver Review Division.

2. Request by an Interested U.S. Federal Government Agency:

If you are working on a project for or of interest to a U.S. federal government agency, and that agency has determined that your departure for two years to fulfill the two-year home-country physical presence requirement would be detrimental to its interest, that agency may request an Interested Government Agency Waiver on your behalf. The Interested Government Agency request must be signed by the head of the agency or his or her designee and submitted directly to the Department of State Waiver Review Division.

3.Persecution:

If you believe that you will be persecuted based on your race, religion or political opinion if you return to your home country, you may apply for a persecution waiver.

4. Exceptional hardship to a U.S. citizen or Lawful Permanent Resident (LPR) spouse or child of an exchange visitor

If you can demonstrate that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child, you may apply for an exceptional hardship waiver.

5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program): Click here to open Conrad State 30 Program

If you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education, you may request a waiver of the two-year home-country physical presence requirement based on the request of a designated State Public Health Department or its equivalent, if you meet all of the following criteria. This waiver category is also known as the Conrad State 30 Program. You must:

  • have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area;
  • agree to begin employment at that facility within 90 days of receiving a waiver; and
  • sign a contract to continue working at that health care facility for a total of 40 hours per week and for not less than three years.

Review the listing of State Public Health Departments.

To schedule an initial consultation with a Memphis Immigration attorney, call (901) 692-5732 or with a New York City Immigration Attorney, call (646) 380-0474 or contact Witty Law Group, PLLC.