Eligibility for Waivers of Inadmissibility in Fairfax

The grounds of inadmissibility apply to anyone who is determined to be seeking admission to the US. It applies to people who are seeking adjustment status from within the United States, and it to anyone who is applying to enter the US from abroad.  If an individual has arrived in the US illegally, they are placed into removal proceedings. At that point, they are deemed to be an applicant for admission for a waiver. When determining waivers of inadmissibility eligibility in Fairfax, a waivers of inadmissibility attorney can be helpful in taking all necessary considerations in preparation for their client.

Determining Eligibility

An I-601 waiver can be filed for criminal grounds of inadmissibility by an immigrant whose spouse, parent, or child is a US citizen or permanent resident. The person, in this case, needs to prove that their qualifying relative will suffer extreme and unusual hardship if they are not admitted to the US. In other cases, there are other waivers available that do not require hardship. For instance, a self-petitioning abused spouse or child of a US citizen can apply for a waiver under the Violence Against Women Act, which does not require the hardship to a qualifying relative.

That is only for people who are applying specifically under that section of law or under the VAWA provisions, as well as people who have been found inadmissible on prostitution grounds someone can apply for a waiver if they can show that they have been rehabilitated and that their admission is not contrary to the national welfare or security of the United States.

In other cases, a person can apply for a waiver for a criminal inadmissibility in Fairfax determination based on a single crime involving moral turpitude, or a simple possession conviction of 30 grams or less of marijuana, if that conviction occurred more than 15 years before the date that a person is applying for admission. Then a person must also prove that his or her admission is not contrary to the National Welfare Safety and Security of the United States, In those cases, a person does not actually have proved hardship.

Requirements

Eligibility does not depend on racial, religious, political, or other background affiliations. Those kinds of factors only really come into play when a person is applying for asylum or protection under the Convention Against Torture, or a similar type of humanitarian-based statute.

There is not an age requirement to apply to fill up the form, but a person is generally not going to be deemed inadmissible for criminal grounds if they are a minor. A minor can apply for a waiver in some cases, but in most cases, the grounds of inadmissibility will not begin to apply to them.

What to Expect

A person needs to be absolutely certain they understand all the reasons they are may be deemed inadmissible. That way, they can ensure they are applying for the correct waivers. A large amount of documentation is needed in order to prove extreme hardships to a qualifying relative. Someone in this situation needs as much documentation of their hardship as possible, along with why it is out of the norm.

One thing adjudicators really like is when there is a compelling story of hardship backed up by some sort of hard evidence. A person does have the freedom to record their own hard evidence if they do have expensive medical documentation of a condition. The condition might have occurred in another country where there is less of a paper trail. In some cases of psychological hardships to the family, if the petitioning immigrant is not in the United States, then they can get an evaluation from the therapist or counselor to document the psychological conditions that could be inflicted on their family if they are not there.

Presentation

Evidence presentation is important. The people adjudicating these matters appreciate evidence that lays out a person’s story, and the information also needs to be very organized with tabs and an index so they can easily access all of the supporting documents.

The cover letter is a summary of a whole case, and it needs to reference the supporting documents.  An attorney is immensely helpful with the presentation of the evidence.

Expediting the Process

In some extreme cases where there are humanitarian issues that are compelling, a person can request that the process determining their eligibility for Fairfax waivers of inadmissibility be expedited, but this is rare and has to be under really specific circumstances.  This would be related to an issue as a serious medical emergency, particularly a situation, for example, where the qualifying relative is a child living in the United States and has a serious medical issue and needs a parent to be there.

An attorney can evaluate whether the situation is compelling enough to request an expedited adjudication and then help them go to the proper channels to make a request. To be able to find out if they qualify for expediting the decision, a person can contact the consulate directly to see if the application could be adjudicated there in an expediting manner.

When finding avenues to expedite the process, a person may want to consider other options like applying for humanitarian parole, which is the way that they can temporarily enter the United States due to extreme humanitarian reasons. These cases are more rare, and it is an extremely high bar to get a humanitarian parole application approved. A person definitely needs to consult with an experienced immigration attorney to see if their case will qualify.

Case Placement

A person cannot choose where their case ends up, despite the vast differences in wait time between the USCIS and the office of Immigration. A person will not be in front of an immigration judge if they are not already present in the United States. That is for people who are in the United States where the government is attempting to remove them through removal proceedings or deportation proceedings. If someone is starting the process from abroad, they will go to the USCIS, and a person’s ultimate case will be adjudicated by the consular official in the country.