WAIVERS, ASYLUM, DEPORTATION & VAWA

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WAIVERS, ASYLUM, DEPORTATION & VAWA

WAIVERS

Immigration Waivers are “pardons” granted by the government for specific immigration violations.  For example, when a person applies for a U.S. visa or green card, an immigration officer must determine if the applicant violated any U.S. laws and is inadmissible.  The same thing happens if a green card holder is subject to certain criminal convictions in the United States.

 DO I NEED A WAIVER?

There are several reasons why you might be considered inadmissible to the United States.  These are typically known as “grounds of inadmissibility” and they can complicate your adjustment of status.  However, if you are inadmissible to as an immigrant or unable to adjust your status in the United States, there might be a waiver of inadmissibility available for you.

Below are some reasons why you can be inadmissible to the United States and require a waiver:

  1. Health-related reasons
  2. Certain criminal convictions
  3. Immigration fraud and misrepresentation
  4. Membership in a totalitarian party
  5. Human trafficking
  6. Being subject to a civil penalty
  7. The 3-year or 10-year bar due to previous unlawful presence in the US

WHAT IF I CAME TO THE US ILLEGALLY?

The Provisional Unlawful Presence Waiver can help you if you or a loved one entered the United Sates improperly and want to apply for a Green card.  Generally, if you entered improperly and you are applying for a Green Card, you must leave the United States to adjust your status and get a visa.  However, you might encounter problems when you attempt to reenter the country through the border.  A provisional unlawful presence waiver allows you to reenter without the problems you might otherwise face.

The provisional unlawful presence waiver allows you to apply for that waiver in the United States before you leave for your visa interview.  This new process shortens the time that you are separated from your loved ones in the United States.

Before August 29, 2016, only immediate relatives (spouses, children, and parents) of U.S. citizens could apply for provisional unlawful presence waivers before they left the United States for their consular interview.  However, as of August 29, 2016, the provisional unlawful presence waiver became available to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

WHAT IF I OVERSTAY MY VISA?

If you accrued more than 180 days of unlawful presence while in the United States, you might be able to obtain a waiver of inadmissibility to overcome the unlawful presence bars before you can return.

Typically, you could not apply for a waiver until after you appeared for your visa interview abroad and a Department of State consular officer determined that you were inadmissible to the United States.  The provisional unlawful presence waiver allows you to apply for that waiver in the United States before you leave for your visa interview.  This new process shortens the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while you obtain your visa to become a lawful permanent resident of the United States.

Nevertheless, if you do not wish to seek, or you do not qualify for a provisional unlawful presence waiver, you can still apply for a waiver after a Department of State consular officer determines that you are inadmissible to the United States.

Our office recommends that you seek the help of our experienced and knowledgeable attorneys. Contact our office today for an initial consultation.

Asylum is a form of humanitarian relief that is granted by the United States government to people seeking safety and protection because they suffered persecution and fear future persecution in their home country due to:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

You may include in your application your spouse and children who are with you in the United States at the time you submit your application or at any time until a final decision is made on your case. To include your children in your application, the children must be under 21 years old and unmarried.

Employment Authorization Card (EAD) and Social Security Card

You will qualify to apply for employment authorization in the United States if 150 days have passed since you submitted your complete asylum application and a decision has not been made on your application. Your EAD may be approved after the 180 days from the submittal of your application have passed and a decision has not been made on your application.

Bringing Your Family to the United States

If your asylum is approved, you may petition to bring your spouse and children that live outside of the U.S. To qualify, the children must be under 21 years old and unmarried.

Asylum Approval and Green Card Application

You may apply for a green card one year after your asylum is approved. You must submit a separate application packet for you and each of your family members that received asylum as your derivatives in your application.

REMOVAL or DEPORTATION

Deportation occurs when the federal government orders that a non-citizen be removed from the United States. This may happen for different reasons including immigration laws violations or other U.S. laws violations.

Removal or Deportation from the U.S. can be very stressful for families. If you or anyone you know is facing deportation, please call Terra Immigration Partners immediately.  At Terra Immigration, our team of lawyers will provide you with the best option you have and will zealously defend you in Immigration Court.  Our attorneys have extensive defense litigation backgrounds and are eager to fight on your behalf.

Green card for women victims of violence -vawa

The Violence Against Women Act (VAWA) is law designed to protect non-citizen victims of battery or extreme cruelty committed by:

  • A U.S. citizen spouse or former spouse;
  • A U.S. citizen parent;
  • A U.S. citizen son or daughter;
  • A lawful permanent resident (LPR) spouse or former spouse; or
  • An LPR parent.

This immigrant petitions allows eligible victims to self-petition without the abuser’s knowledge or consent.  These applicants are usually known as “VAWA self-petitioner”.  If a VAWA self-petition is approved, the applicant can usually apply for a Green Card.

AM I ELIGIBLE?

You may be eligible to file a VAWA self-petition even if you committed a particular act or violation of immigration law.
For example, if you are considered inadmissible to the United States, the law may allow you to apply for a waiver of inadmissibility.

 WHO ELSE CAN I INCLUDE IN MY VAWA SELF-PETITION?

You can include in you VAWA self-petition your unmarried children under the age of 21.

CAN I WORK AND TRAVEL?

Generally, if you have a pending application for adjustment of status, you can also apply for employment authorization.

Generally, if you leave the United States with a pending application for adjustment of status, your application is deemed abandoned.  However, you may be able to travel by first applying for advanced parole.  Advanced parole allows you to appear at a U.S. port-of-entry and seek parole into the country after travel abroad with a pending adjustment of status application.

Our office recommends that you seek the help of our experienced and knowledgeable attorneys. Contact our office today for an initial consultation at  (407) 818-1244 or Click here. to send a message.

Terra Immigration can help.