The United States attracts talented and energetic immigrants who seek legal entry into the country. In some situations, however, U.S. immigration laws impose barriers to that entry, particularly if a prospective immigrant has been declared “inadmissible”.
Immigrants who are facing admissibility challenges to their entry into the U.S. can look to the Bassey Immigration Law Center for assistance from an individual and family immigration lawyer in Florida who is sympathetic to their cause. Our knowledgeable and experienced immigration attorneys have gained admission for many individuals, even where they have previously been declared inadmissible. We will devote our full time and energy toward procuring a waiver on your behalf and fighting for your right to establish safe and legal residency in the United States.
Why might an immigrant be declared “inadmissible”?
Some of the more common reasons for declaring a potential immigrant inadmissible include:
- Prior criminal convictions
- Fraud or misrepresentation (which can include matters such as stating incorrect information on an immigration form)
- Unlawful presence (such as staying in the U.S. past a visa expiration date) or improper entry into the United States
- Communicable diseases, health disorders, or failure to procure required immunizations
An immigrant can request a waiver of the grounds for inadmissibility, but the success of a waiver application will depend on selecting the correct type of waiver and completing that application with persuasive arguments and correct information.
What types of immigration waivers are available?
The type of waiver sought will depend on why the individual was declared inadmissible. The most common Florida immigration waivers include:
- I-601 “Extreme Hardship Waivers”, which are used when one or more of the immigrant’s family members are already U.S. citizens or lawful permanent residents. Though this is the most requested type of waiver requested, U.S. law does not provide a clear definition of an “extreme hardship.” Therefore, the official who reviews this type of waiver request has substantial discretion to accept or deny petition.
- I-601A Provisional Waivers, which are used when an immigrant has overstayed the 180 days provided in a temporary visa. The primary advantage of an I-601A Waiver is that the individual does not need to return to his or her home country to initiate the waiver application process. Enlisting the help of a business immigration attorney is highly recommended to help avoid having the provisional waiver fail on other grounds of inadmissibility.
- I-212 Returning After Removal. A I-212 petition is used when a previously removed individual wishes to reapply for admission to the United States. The attorney will typically also apply for an I-601 or I-601A waiver depending on the circumstances surrounding the original removal.
What if the immigration waiver is denied?
If the waiver is denied, there are two motions your attorney can file before resorting to the appeals process. These motions are:
- A Motion to Reopen the case, where the party has an opportunity present additional information in support of a request to review an adverse immigration decision
- A Motion to Reconsider, which challenges the adverse decision based on factual or legal errors that the immigration officer might have made.
Both types of motions must be filed within a very short time after an immigration waiver petition has been denied. If the motions are denied, the immigrant still has a right to appeal to the Board of Immigration Appeals.
Call Bassey Immigration Law Center today
The lawyers at Bassey Immigration Law Center provide trusted legal advice on Immigration waivers and appeals in Florida. Every member of our team has personal experience dealing with immigration, and we are all guided by a sincere passion to help as many people as we can navigate the challenges of this emotional process.
If you have been declared inadmissible and have an immediate family member living within the United States, our lawyers are ready to everything we can to help you obtain a waiver and get you back on the path to permanent resident status. We have obtained immigration approvals for hundreds of family green cards and visas, work permits, citizenships, waivers, and appeals.