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WAIVERS & PARDONS

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When it comes to entering the United States, the process is not easy. That’s especially true if you’re trying to enter as an immigrant. Sometimes, people try to sidestep the legalities of the situation and turn to other methods to gain entry. This is, of course, not a recommended solution. In fact, all it will do in the long run will cause you a headache and stress because of the limitations to which you will now have to apply to your life. As someone who entered the United States illegally, for example, you will be faced with a lack of benefits, both public and otherwise, as well as the threat of removal proceedings and deportation constantly hanging over your head.

Sometimes, we do things that we wish we could change. At Gilliam Law, we understand that sometimes life isn’t easy or straightforward. We believe in doing our utmost to help you live the easiest, most legal life possible, regardless of how you entered the United States. We provide excellent legal representation to the best of our abilities, and we don’t cast judgment. We believe that you should have the right to professional legal counsel regardless of your current immigration status.

That’s why you should contact us today if you’re looking for a way to make a potentially illegal situation legal. Many people think that once you enter the United States without a visa, there is no hope of ever living a “normal” life here. That is not the case! Sometimes, there is much that can be done to help you fix the things you’ve done in the past and move forward with better legal standing. This can have huge effects on your life and can help improve it in ways that you might not even be able to imagine.

Our Chicago immigration law firm has extensive experience representing clients in various types of immigration matters, from waivers of inadmissibility to applying for green cards, from employment-based visas and non-immigrant visas to helping clients on the pathway to United States citizenship. An immigration attorney from our law firm would be proud to lend legal assistance to you throughout your immigration case. For more information on how to go about obtaining a re-entry waiver, please contact our law office to schedule your free initial consultation today.

What Are Different Types of Immigration Waivers?

 There are two main categories of immigration waivers: automatic immigration waivers and waivers that require applications. The type of waiver that you will require for your immigration law issues depends on several factors related to your case, including your specific violations, whether there were multiple criminal convictions in your past, and more. Additionally, there are simply no immigration waivers available for certain types of violations.

Some immigrants are lucky to have immigration waivers automatically applied to their cases. For instance, such waivers may be available for certain types of marijuana criminal offenses that have violated immigration law.

Waivers that require an application and a careful understanding of the immigration process include hardship waivers, provisional waivers, criminal conviction waivers, and nonimmigrant waivers.

The I-601 hardship waiver offers undocumented immigrants an opportunity to return to the United States if they can prove that their removal from the country would cause extreme hardship to a family member who is a United States citizen. The hardship waiver can be applied for criminal waivers, unlawful presence waivers, fraud waivers, and more.

The I-601A provisional waiver is specifically for relatives of United States citizens who are deemed inadmissible due to coming and residing in the country illegally. Applicants must be physically present in the United States to file for this type of waiver.

Individuals convicted of crimes may be deemed inadmissible to the United States. However, criminal conviction waivers exist for specific crimes and circumstances.

The non-immigrant waiver allows individuals who are inadmissible to the United States to temporarily enter the country with a nonimmigrant visa.

What Immigration Laws Could Render a Foreign National 'Inadmissible'?

Foreign nationals can be deemed inadmissible to the United States if they have been convicted of a serious crime or admitted to having been involved in a criminal offense.

Foreign nationals may not qualify for visas if they have committed or been convicted for one or more of the following:

  • Human trafficking
  • Drug trafficking
  • Prostitution and sex trafficking
  • Aggravated assault
  • Domestic violence and child abuse
  • Murder or manslaughter

Additionally, even foreign nationals with good moral character may be denied entry into the United States if they are in bad health. Applicants who show a history of contagious diseases could find their eligibility threatened.

Potentially inadmissible health conditions include the following:

  • Hepatitis
  • Mumps or measles
  • Tetanus
  • Pertussis
  • Influenza
  • And more

To ensure that your case qualifies for a waiver, it is recommended that you retain professional legal counsel from experienced Chicago immigration lawyers. Please contact our law firm to schedule your free case review today.

What is a National Interest Waiver?

The national interest waiver is a special provision under the EB-2 visa category that permits certain foreign nationals to circumvent the usually necessary labor certification process and self-petition for United States green cards.

The national interest waiver is especially beneficial for individuals with unique skills And experience that may be considered valuable to the national interest of the United States.

Unlike other employment-based visas, the national interest waiver allows its applicants to self-petition. Alternatively, United States employers may also decide to sponsor a national interest waiver.

What is the U.S. Visa Waiver Program?

The Immigration and Nationality Act developed the visa waiver program, which allows certain applicants who have been previously denied visas to apply for waivers of inadmissibility.

Those who apply under the visa waiver program must submit their applications to a United States embassy or consulate.

The visa waiver program allows many citizens of participating countries to travel to the United States for business or pleasure for 90 days or less. Prior to traveling to the United States, foreign nationals must ensure that they meet all the requirements of the visa waiver program.

For legal guidance in this and other immigration matters, please contact our Chicago immigration law firm to schedule your free, no-obligation case evaluation today.

Do You Need the Immigration Services of a Waivers and Pardons Lawyer?

If you or your spouse entered the United States illegally, it might be possible to obtain a waiver. In general, someone who enters the States illegally is subject to either a three or ten-year time bar before they could be considered for re-entry legally. This happens when the individual leaves the United States in order to travel back to their home country in order to take a green card or visa interview with the United States Consulate with jurisdiction over their residence in their home country.

At Gilliam Law, we understand that such a lengthy ban is not convenient – and sometimes, there’s no getting around it. Other times, however, there is a way to obtain something known as a waiver of inadmissibility. This document essentially asks the government of the United States to forgive the fact that the immigrant in question entered the country illegally. 

How to Prepare a Waiver of Inadmissibility Application?

Preparing a waiver of inadmissibility is not a cheap process in terms of money or time. The issue is far more involved than simply filling out a document. What actually happens is the individual(s) in question essentially talk about their life and what led them to enter the United States illegally. They have to explore scenarios about what might happen if their waiver is denied. This includes detailing what hardship would be suffered by the denial and who would suffer it. Proving extreme hardship is an important part of preparing a successful waiver application.

To complete the above, an experienced lawyer will spend plenty of time with both the immigrant seeking the waiver as well as the lawful permanent resident or United States citizen petitioning on their behalf. They must understand the circumstances behind the action of entering the country without permission and determine if the immigrant – also known as the beneficiary – meets the basic requirements needed for waivers of inadmissibility in the first place.

After the interviews have been completed, filling out the necessary paperwork and filing it all on time is quite a task. It can take anywhere from 50 to 100 hours or more on the lawyer’s part to successfully document and file everything. That might sound like a long time, especially if you’re looking at it from the view of the person waiting to see if their application is approved or denied. Keep in mind that this is something that will affect the rest of your life, however, and prepare yourself for the fact that it’s not something that can be completed in a single day. 

Schedule a Free Case Evaluation with Our Chicago Immigration Waiver Law Firm Today

An experienced immigration lawyer can help ensure that you meet the eligibility requirements necessary for obtaining waivers of inadmissibility. Our legal team will represent your immigration matter through every step of the process, including appearing before an immigration judge if necessary. We believe in providing compassionate legal services to clients in need across the Chicagoland area.

If you’re considering filing for a waiver of inadmissibility, contact Gilliam Law today to find out how we can help. We’re experienced with this kind of case and understand what is needed to give you the best chance of success. 

Contact us to schedule a consultation with one of our skilled and knowledgeable attorneys! 866-511-3422.

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