Waivers
for Fraud, Inadmissibility, and Criminal Convictions
United States
immigration law includes a long list of grounds of
“inadmissibility,” which means that an
individual can be denied admission to the United States
as either a nonimmigrant or an immigrant and can be
denied adjustment of status (a “green card”).
This list
includes both non-criminal and criminal grounds. The
non-criminal grounds include previous immigration
violations, unprosecuted acts of misrepresentation,
certain medical conditions, insufficient financial
support, application of the two-year home residency
requirement for certain J-1 visa holders and security-related
issues.
Criminal grounds
include both the commission and conviction of
various crimes such as those involving fraud,
perjury, theft, personal violence and controlled substances.
Some grounds of inadmissibility contain exceptions,
for example there is a “petty offense”
exception that might apply to certain minor criminal
convictions.
It is important
to consult with a knowledgeable immigration attorney
who can determine whether any ground of inadmissibility
might apply prior to filing an application or petition
with the USCIS or at the consulate abroad.
Once an individual
is placed in removal proceedings, all hopes are not
lost.
The individual
is given an opportunity to challenge the charges made
by the government before an Immigration Judge, and
appeals are available to challenge the conclusions
reached by the Immigration Judge.
Waivers are
also available for criminal grounds of deportation,
particularly where the conviction occurred many years
ago.
Example
of Waivers Available for Adjustment of Status and
Deportation Proceedings
EXTREME
HARDSHIP WAIVERS: Under US immigration law, an
alien needs an exceptional hardship waiver
or an extreme hardship waiver in order to overcome
a finding of misrepresentation or fraud during a visa
application. For example, if an alien marries
an American citizen and files for an adjustment of
status, the application will be denied if the alien
used a fraudulent passport to enter the U.S.A. or
lied to the USCIS.
However,
if the alien's USC or LPR spouse, parent, child will
suffer exceptional hardship, then such USC
or LPR relative may file for an exceptional hardship
waiver.
The hardship
waiver application process looks deceptively simplistic.
If you need a fraud waiver, it is best to leave the
task to an experienced US Immigration attorney. "Extreme
hardship" is not defined by law. Instead, many
factors are considered, including severe financial
hardship to USC and/or LPR relatives, medical facilities,
religious tolerance, educational opportunities, and
economic conditions in the alien's country. The alien's
criminal history, community ties are also weighed,
although hardship to the alien is largely irrelevant
Waivers
for Applicants Seeking Immigrant Visas or Adjustment
of Status
Waivers
are also available to individuals seeking immigrant
visas or adjustment of status in the United States.
An applicant for an immigrant visa also can seek a
waiver of certain medical conditions, and the two-year
home residency requirement for J-1 visa holders.
These waivers
require the applicant to have a qualifying relative
(U.S. citizen or lawful permanent resident) who will
suffer hardship if the waiver is not granted. Such
waivers generally require a clear explanation of eligibility
and extensive supporting documentary evidence. They
are extremely complicated. You should definitely
seek the help of an experienced immigration lawyer
to determine whether you are eligible.
NOTE:
The grant or denial of an immigrant waiver is within
the discretion of the USCIS, or an Immigration Judge,
in the event that the proceedings are conducted before
an Immigration Judge.
Waivers
for Applicants of Non-Immigrant Visas
A waiver is
also available to an individual seeking a nonimmigrant
visa, which will waive almost all grounds of inadmissibility,
except those relating to security, foreign policy
considerations and participation in Nazi persecutions.
NOTE:It
is within the discretion of the USCIS to grant or
deny a nonimmigrant waiver, or an Immigration Judge
in the event that the proceedings are conducted before
an Immigration Judge.
Waivers
for Applicants Convicted of Crimes
Conviction
of criminal charges can have serious consequences
for non-immigrants and immigrants.
As the result
of certain convictions, individuals already admitted
to the United States could be faced with grounds of
deportability that could lead to removal from the
United States and lengthy, perhaps permanent, bars
to returning to the U.S.
The list
of criminal activities that could lead to deportation
is long and complicated. Convictions for relatively
minor crimes, including misdemeanors, can subject
an individual to deportation.
U.S. Immigration
and Customs Enforcement is increasing its cooperation
with police and local authorities to identify people
who have been convicted of offenses that constitute
immigration violations and are subject to being placed
in deportation proceedings.
However, you
should know that there are available waivers that
you may be eligible for. Even if you are in the process
of deportation proceedings, there are still forms
of
relief from deportation available to those who
are eligible. These forms of relief should be discussed
with an experienced immigration lawyer. Do not take
the government on by yourself. Don’t do yourself
a disservice.
If you are under
deportation proceedings, it is essential that you
seek legal representation from an experienced Immigration
lawyer. |
