WAIVERS, ASYLUM, DEPORTATION & VAWA

Humanitarian Relief:

In this section we will cover various humanitarien reliefs that rea available to foreign nationals in the U.S. They are protections for people in need.

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.

Humanitarian Relief
WAIVERS

An immigration waiver is a “pardon” for certain immigration violations that makes someone inadmissible.  For example, when a person applies for a green card of a visa, an immigration or consular officer must determine if that person violated certain US or other laws that makes them is inadmissible.

There are many reasons why someone might be considered inadmissible to the United States.  These are typically known as “grounds of inadmissibility” and they can complicate someone’s green card or visa application.

If you are applying for a green card and you are found to be inadmissible to 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 as a green card holder 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. You are subject to 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.

ASYLUM

WHAT IS ASYLUM?

Asylum is the legal protection granted to people who come to the United States and are afraid to return to their home country.  The U.S. government provides Asylum to people who suffer persecution or have a well-founded fear of suffering persecution because of their race, religion, political opinion, nationality or membership in a particular social group.

HOW DO I APPLY FOR ASYLUM?

You apply for Asylum by submitting Form I-589 Application for Asylum and Withholding to US Citizenship and Immigration Services.  You will then have an interview and your local Asylum office where an Asylum officer will decide your case.  Asylum applications are complicated.   The policies around Asylum are changing and if your Asylum application is denied, you will be placed into removal proceedings.

Our immigration attorneys are experienced in Asylum law and will submit a strong application on your behalf.  We also prepare and accompany to the interview.

EMPLOYMENT AUTHORIZATION AND SOCIAL SECURITY THROUGH ASYLUM

You can apply for employment authorization document (“work permit”) if 150 days have passed since you submitted your complete asylum application and a decision has not been made on your case.  Your work permit may be approved 180 days after the submission of your application and a decision has not been made on your application.

GREEN CARD AFTER ASYLUM

You can 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.

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.

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