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There are times when U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State (USDOS) may refuse immigration benefits or deny entry to immigrants or non-immigrants alike. If someone is denied an immigration benefit or entry, that person is said to be “inadmissible.” There may also be situations where lawful permanent residents could be denied entry into the United States or placed in removal proceedings because of fraud, arrests, or criminal violations. Sometimes, applicants for immigration benefits only find out they are ineligible for a particular status after an application is denied either inside the United States or at the U.S. consulate abroad. Regardless, our Chicago immigration lawyers are here to help.
Both immigrants seeking immigrant status and non-immigrants wanting to visit the United States temporarily can apply for a waiver of inadmissibility. The likelihood of winning often depends on the specific factors outlined by immigration services. Success may lie in showing that you have ties to the United States, have been rehabilitated, or that your entry will benefit the nation somehow.
Minsky, McCormick & Hallagan, P.C. can handle all types of waivers, including I-601, I-212, and other non-immigrant waivers.
The I-601 application may be filed when a foreign national is found ineligible for an immigrant visa, adjustment of status, or another immigration benefit because of a ground of inadmissibility. Lawful permanent residents in certain situations may also apply for this waiver to be allowed admission back into the United States. Individuals seeking these waivers must show either extreme hardship to themselves or certain family members, rehabilitation, and/or that their admission is in the public interest or in the interest of family unity.
When determining if a foreign national qualifies for these waivers, the U.S. government considers several factors, particularly extreme hardship to certain family members. Such factors include:
At times like these, you need the help of our immigration office in Chicago, IL. We can help you put together a well-organized and detailed packet of documents to support your waiver application.
An I-212 application is required when an applicant has been removed and wants to apply to be readmitted into the United States before their 5-year, 10-year, 20-year, or permanent bar. Certain individuals who have lived in the United States for longer than one year or have been removed and attempted to reenter the United States without inspection or documents may also file this waiver after living abroad for 10 years. Factors likely to be weighed by USCIS include the applicant’s moral character; how recently the applicant was deported; the need for the applicant’s services in the United States; the applicant’s ties to family in the United States; the length of time the applicant lived in the United States; and what hardship the applicant’s family members in the United States will face if the applicant’s readmission is not allowed. Other factors may include any evidence of reformation and rehabilitation.
Our Chicago immigration attorneys have the knowledge to help you reapply for admission. When under pressure like this, you want us working on your application for immigrant and non-immigrant waivers.
Foreign nationals applying for humanitarian relief such as U visas (for victims of crimes), T visas (for victims of human trafficking), adjustment of status through asylum/refugee status, and other non-immigrant visas may also require certain waivers to become eligible for these immigrant and non-immigrant statuses. To qualify for these waivers, applicants must demonstrate that the U.S. government should exercise positive discretion in their case because of hardship to the applicant or certain family members, rehabilitation of the applicant, in the interest of family unity, or in the public’s interest. Our Chicago immigration lawyers are ready to help you prepare these waivers and help you successfully obtain lawful status in the United States.
Seeking an immigrant or non-immigrant waiver of inadmissibility can be one of the trickiest aspects of immigration law. You need our decades of experience in the law when so much can depend on one application. Call Minsky, McCormick & Hallagan, P.C. at (312) 427-6163 or contact us online. Our immigration office is located in downtown Chicago.
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