Asking for an immigration waiver, or pardon, is a good resource for those who have violated US immigration law in the past but want to keep living in the country.
Normally, when someone violates certain immigration laws, they become inadmissible in the United States and therefore cannot obtain a Green Card or other permits. Thanks to an immigration waiver, these cases can be reversed.
The immigration pardon is a pardon that the United States Government grants to people who violated certain laws and who presented a letter of pardon for immigration to reverse their situation.
In the United States, the Department of Homeland Security (DHS) is the body that ensures that only admissible immigrants can access immigration benefits. In this sense, immigration officials are in charge of analyzing and determining whether the person requesting a visa or green card violated any United States immigration law. If this is the case, the applicant becomes inadmissible to enter the country and must apply for an immigration waiver to modify her situation.
If you think you may be inadmissible before the eyes of the DHS, do not despair! An immigration waiver that applies to your case can help you reverse this situation. At the Law Offices of Shelle-Ann Simon we will work closely with you to analyze your immigration status and help you decide how to proceed with your case.
What are the reasons why I can be considered inadmissible in the United States?
There are several reasons for inadmissibility and they represent a complication for immigrants when applying for a permanent residence card or any other immigration procedure. The main reasons why you may be considered inadmissible in the United States are related to health, criminal convictions, immigration fraud, human trafficking, previous illegal presence in the country, belonging to a totalitarian party, or having civil penalties.
What is the process of applying for an immigration waiver like?
If you think you are inadmissible in the United States for any of the reasons mentioned, it is very likely that there is an immigration waiver that suits your case. In order to determine this, it is necessary to have the appropriate legal advice to analyze your case and take the right measures.
An immigration lawyer working with your case must consider your entire immigration history because immigration violations generally do not expire. This means that if the violation of the law occurred more than 20 years ago, it is still in effect and requires an immigration waiver. If you do not remember committing a violation and do not have documentation of it, an immigration attorney can give you directions to obtain a copy of your case.
There is a federal law called the Freedom of Information Act – commonly known as a FOIA request – that allows people to obtain copies of their records without any immigration consequences.
We can help you file FOIA requests with different government agencies. Once you receive them, we can determine if you need an immigration waiver and if so, we will analyze which one would be the most appropriate.
What types of immigration waivers are there?
There are two main types of immigration waivers that work for different purposes: The provisional waiver for unlawful presence, or Form I-601A, and the waiver on grounds of inadmissibility, or Form I-601.
What if I was expelled from the United States in the past?
In the event that you have been expelled from the country or have left after being ordered to leave the United States and wish to apply for a green card, you must first request permission through Form I-212 to apply for admission to the United States again. This form must be sent to the Government accompanied by the request for a pardon.
Unfortunately, a violation of immigration law, no matter how small, can have great consequences and complications for our lives and those of our loved ones. That is why it is extremely important to have the right counseling regarding immigration law and its intricacies.
If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!
