What Makes a Strong Waiver Case?
What is a Waiver?
A waiver, in the context of immigration law, is a form of legal forgiveness or exemption granted by U.S. Citizenship and Immigration Services (USCIS) or an immigration judge that allows an individual to overcome certain disqualifying factors that would otherwise prevent them from entering the United States, adjusting status, or receiving a visa. The applicant seeks to waive of a ground of inadmissibility to the United States. Waivers are typically used to address a range of issues, such as immigration violations, unlawful presence, criminal offenses, and misrepresentation, and they provide a means to complete the immigration process despite those barriers.
For example, under Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (INA), a waiver may be granted for unlawful presence if the applicant can demonstrate that their denial of entry would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent. Similarly, Section 212(h) of the INA provides waivers for certain criminal convictions if the individual can prove rehabilitation and extreme hardship to qualifying family members.
Importantly, it’s crucial to understand that a waiver does not erase or negate the legal consequences of past actions. Instead, it offers a pathway to proceed with the immigration process, allowing the applicant to enter or remain in the U.S. despite the underlying issues. A well-prepared waiver application demands strong evidence of proof of rehabilitation and demonstrating that the individual’s absence would result in extreme hardship to their family members. Waivers effectively weigh many equitable factors such as medical hardship, psychological hardship, family ties to the United States, duration of residency in the United States against the negative factor (criminal conviction, fraud or other immigration violation).
If you are facing challenges in your immigration journey, seeking the assistance of an immigration lawyer in Philly is essential to evaluate your eligibility for a waiver, develop a comprehensive strategy tailored to your circumstances and effectively present the case. Waivers should not be submitted without an experienced immigration attorney because the client risks losing time, money and perhaps detention and deportation if not successful. The attorneys at Hykel Law are experienced and have had countless successes.
Key Factors That Make a Strong Waiver Case
A successful case is based on several critical factors that strengthen the applicant’s position. While each case is unique, these key elements are generally crucial for presenting a strong waiver petition:
- Eligibility for a Waiver
The first step in determining if a waiver case is viable is to ensure that the applicant is eligible for the specific waiver they are seeking. Different waivers apply to different situations. For example, some waivers are available for individuals who have been unlawfully present in the United States, while others might be applicable to those with criminal convictions or past immigration violations.
Understanding which waiver applies to a particular situation is essential. At Hykel Law, we have a team of experienced immigration attorneys in Philadelphia who can help you determine if you are eligible for a waiver and what steps need to be taken to secure your case.
- Demonstrating Hardship to Qualifying Relatives
In many cases, applicants must demonstrate that their refusal to grant the waiver would cause extreme hardship to a U.S. citizen or lawful permanent resident relative. This is a critical factor, as the decision to grant a waiver is often based on the impact it will have on the family members involved.
In a typical family-based immigration case, the applicant must prove that their absence or denial of status would lead to extreme hardship for their spouse, child, or parent. Hardship can be physical, emotional, financial, or medical, and it often requires extensive documentation to support the claim. It also requires extensive evidence about the conditions of the country to which the foreign national would be returned to prove that the needs of the family members cannot be met there. This is where skilled family-based immigration attorneys can play a pivotal role in gathering evidence and making a persuasive argument to USCIS or an immigration judge.
- Rehabilitation and Good Moral Character
For individuals seeking a waiver due to past criminal offenses, it is essential to demonstrate remorse, rehabilitation, and good moral character. Showing that the applicant has made efforts to be a good person, such as through community service, counseling, support of family and the community are critical elements in a waiver case.
- Strong Documentation and Evidence
One of the most important aspects of a waiver case is the strength and quality of the evidence provided. This includes not only supporting documents for the applicant’s claims but also any documentation that proves the hardship that would result from a denial. Supporting materials might include medical records, financial statements, letters from family members, and testimony from professionals who can speak to the individual’s rehabilitation or the effects of denial on their family.
A well-prepared application will be comprehensive and carefully documented. Immigration law firms in Philadelphia, such as Hykel Law, can help gather, organize, and present the evidence in the most compelling manner.
- Legal Argument and Strategy
The strategy behind a waiver case is equally important. An immigration attorney must build a clear and logical argument based on the specific facts of the case. It requires presenting compelling arguments about why the applicant’s situation warrants approval because the positive equities outweigh the negative factors.
- Timing of the Waiver Application
Timing can significantly impact the outcome of a waiver case. Applicants who are already in the U.S. and are seeking a waiver for past immigration violations may be able to submit a waiver application as part of their adjustment of status process. Alternatively, individuals seeking a waiver for unlawful presence or criminal issues may need to apply before entering or reentering the U.S.
- Appeals Process
If a waiver application is denied, it’s not necessarily the end of the road. The ability to appeal a waiver denial or refile the waiver application with stronger evidence must be explored. An immigration appeals attorney can assist with filing an appeal if the waiver is denied or advising that a refile may be a better approach. Appealing a waiver denial can be a complex process, and having a skilled attorney to guide you through this process is invaluable.
Hykel Law: Your Trusted Partner in Immigration Matters
Building a strong waiver case requires careful planning, a clear understanding of the requirements, and the ability to present a compelling argument supported by robust evidence. Whether you are applying for a waiver due to past immigration violations, criminal offenses, or misrepresentation, seeking the advice of a skilled immigration lawyer in Philadelphia is essential to maximize your chances of success.
At Hykel Law, we understand the importance of crafting a strong waiver case and are committed to helping our clients achieve their immigration goals. If you are facing a waiver issue, don’t wait—contact us today to schedule a consultation.
