Attorney Michele Da Silva is an aggressive immigration attorney with experience in successfully filing Waivers for Inadmissibility, I-601
What You Should Know
An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application depending on the alien's circumstances.
An I-601, Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident. This waiver is based on the "Extreme Hardship" to a United States citizen or to a lawful permanent resident relative of the alien which would result if the alien's inadmissibility cannot be waived.
It is important to know that a Waiver for Inadmissibility is a discretionary relief. The alien not only has the burden to establish he/she meets all the requirements, but also that he/she deserves a favorable exercise of discretion. Because each waiver case is very specific to the circumstances of the alien and his or her family, it is important that you consult with an Attorney who has experience and proven results in filing a Waiver of Inadmissibility. Additionally, you are limited in the number of times you can file the Waiver of Inadmissibility. Therefore, the application should be prepared so that the alien has the best chance for success the first time filing.
Attorney Michele Da Silva will be able to consult with you regarding every detail of your situation to advise you on how to proceed in filing, so that you have the best chances for your Waiver to be approved. Attorney Michele Da Silva has successfully prepared applications for Waiver of Inadmissibility for applicants both in the United States and abroad.
GROUND FOR INADMISSIBILITY
Persons may be inadmissible to the United States for any one of the grounds for excludability listed below:
Health Related Grounds - INA 212(a)(1)
Criminal and Related Violations - INA 212(a)(2)
Security and Related Violations - INA 212(a)(3)
Illegal Entrants and Immigration Violations - INA 212(a)(6)
Falsely Claiming U.S. Citizenship - INA 212(a)(6)(C)(ii)
Miscellaneous INA 212(a)(10)
PROPOSED CHANGE TO I-601 WAIVER OF INADMISSIBILITY FOR UNLAWFUL PRESENCE.
In March of 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.
“The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.” USCIS Director Alejandro Mayorkas.
USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.
The proposed process outlined above is NOT in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. If you wish to obtain further information concerning this proposal, please email Attorney Michele Da Silva and request info on I-601 Waiver of Inadmissibility update.