TOLL FREE 844.4REJALICALL US TODAY OR CLICK HERE FOR YOUR CONSULTATION
mycase Change Language

WAIVERS FOR GROUNDS OF INADMISSIBILITY-"HARDSHIP WAIVER"

03-27-2015


Have you been ordered removed and reentered the U.S. without inspection? Read this blog and contact San Diego Immigration Lawyer, Omid Rejali, Esq. for a free evaluation of your case.

Under INA §212(a)(9)(A)(i) Persons who have been ordered removed (through expedited removal or through removal proceedings initiated at the time of the person’s arrival in U.S.) after April, 1, 1997, and who seek admission within 5 years (or 20 years if second or subsequent removal, or at anytime if convicted of an aggravated felony) are inadmissible, unless prior admission has been granted to them.

WAIVERS

A person who is barred from admission under INA §212(a)(9)(A) may apply for readmission prior to the period of inadmissibility by seeking a waiver. A waiver is a formal request from U.S. government officials for “forgiveness.” There are many different types of waivers. In this blog we will be focusing on what the United States Citizenship And Immigration Services (USCIS) refers to as “hardship waivers.”

If a person is an immigrant and the spouse or son or daughter of a USC or LPR (Legal Permanent Resident/Green Card Holder) and he or she can show extreme hardship to the spouse or parent (but not his or her children), inadmissibility can be waived.

The Board of Immigration Appeals in the matter of Cervantes-Gonzales, 22 I&N Dec. 560, 565-66 (BIA 1999) stated that some of the factors considered for an extreme hardship include: 1) presence of LPR/USC family ties in the U.S.; 2) the qualifying USC/LPR’s family ties outside the U.S.; 3) conditions in the country of relocation and qualifying relative ties there; 4) the financial impact of departure; 5) significant health conditions particularly when tied to unavailability of suitable medical care in the country of relocation. Although hardship to a child may not be considered directly, a child’s medical condition is considered a hardship to the USC/LPR spouse. Generally, family separation may be the single most important factor in considering a waiver.

An applicant for a hardship waiver would have to demonstrate extreme hardship in two scenarios. First, if the USC/LPR spouse or parent remains in the U.S. or second, if the USC/LPR spouse or parent has to accompany the applicant to the applicant’s home country. Even when “extreme hardship” has been found the USCIS (United States Citizenship and Immigration Services) must still engage in a balancing test to determine whether the waiver should be granted following the balancing of adverse and positive factors as set out in the Cervantes case stated above.

Waivers of inadmissibility require careful preparation. Having an experienced San Diego Immigration Lawyer increases your chances of having the waiver approved. If you or a family member has been removed from the U.S. and entered illegally and is contemplating on adjusting their status through a family member or marriage contact us for your FREE consultation.



San Diego Immigration Law Firm San Diego Civil Litigation Lawyer immigrationlaw californiaprop47 deporation sandiegocriminallawyer californiadruglaw deportation San Diego Immigration Lawyer DUI San Diego Criminal Defense Lawyer liability personal injury negligence San Diego Personal Injury Lawyer litigation immigration lawsuit sandiegoimmigrationlawyer cancellation of removal moral character sdpd 5thamendment criminaldefense. san diego sandiegodeportationlawyer sandiegotrialattorneys GIA Gemologicalinstituteofamerica alter-ego corporation. san diego trial lawyer privilege injury appeals NSA Patriot Act. torts duty breach CANRA child abuse e-2 visa investment visa u.s. immigration lawyer u.s. investment lawyer business immigration San Diego Immigration Lawyer Immigration Lawyer asylum green card immigrant visa citizensarrest capenalcode837 4th Amendment litigation civil rights UCSD regents of the university of california unruh act greencardholder Sb-1visa re-entrypermit Mission Valley Criminal Defense Lawyer Vehicle Code 23612 san diego criminal lawyer blood blood sample Birchfield v. North Dakota San Diego Injury Lawyer Constitution Corpus Delicti DUI Defense San Diego DUI Defense malpractice civil rights Immigration Law Constitutional Law crime of violence DHS deportation proceedings appellate review civil appeals removal proceedings deportation. Criminal Defense Sixth Amendment Trial Lawyer immigration deportation vacating conviction relief personal injury new case law alert medical expenses doctors on liens Disability Disability rights 504 Rehabilitation Act ADA ADA 504 Rehabilitation Act Disability rights Disability Regents; Unruh Civil Rights Act search and seizure automobile exception car accident slip and fall collisions denial of claim insurance denial. valuation of claim insurance personal injury. 5th Amendment United States Supreme Court right against self-incrimination. mcdonalds san diego. Travel Ban President Trump U.S. Supreme Court Trump v. Hawaii trial direct examination witnesses Jameson v. Desta California Supreme Court Decision Equal Access San Diego County Court reporters objections interrogatories fraud default judgment motion to set aside default judgment due process personal jurisdiction discovery company car crash reports discovery trial personal injury damages witnesses