ONE of the most commonly asked questions I am asked is how to win an immigration waiver.
In fact not a day goes by that I do not see at least one person with a case involving an immigration waiver.
As has been pointed out on this blog many times, there are various types of immigration waiver cases:
- I-601 immigration waiver for fraud, crimes and the “three and ten” year bars.
- I-601A immigration waiver for unlawful presence.
- 212(d)(3) immigration waiver for just about any type of violation of law.
- I-192 immigration waiver for U Visa applicants who are victims of violent criminal acts.
- I-612 immigration waiver for J visa holders who have a two year foreign residency rule.
Today’s topic, however, is the I-212 immigration waiver for re-entry after deportation.
The I-212 requites a Balancing Test.
This immigration waiver is totally up to the Discretion of the Department of Homeland Security
Here is a LINK to a One and a Half Minute Long Video I did on the Topic:
AFTER WATCHING THE VIDEO PLEASE BE AWARE OF THE BALANCING TEST OF THE FACTORS LISTED BELOW
FAVORABLE FACTORS FOR I-212 IMMIGRATION WAIVER
- Close family ties in the United States
- Unusual hardship to United States Citizen and/or Green Card holder relatives, the applicant, and even his employer in the US
- Reformation/Rehabilitation
- Length of lawful presence in the United States and status held during that presence
- Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities
- Absence of significant undesirable/negative actors
UNFAVORABLE FACTORS FOR I-212 IMMIGRATION WAIVER
- Evidence of moral depravity, including criminal tendencies
- Repeated violations of immigration laws, or willful disregard for other laws
- Likelihood of becoming a public charge, such as ending up on welfare
- Poor physical/mental condition
- Absence of close family ties or hardships
- Marriage fraud in order to obtain an immigration benefit
- Unauthorized employment in the US
- Lack of skill for which employment based immigration could be issued
- Serious violation of immigration laws evidencing lack of remorse for immigration law violations
- Eligibility for a waiver of other inadmissibility grounds
PLEASE BE SURE TO TALK TO A VERY EXPERIENCED IMMIGRATION ATTORNEY ABOUT THE I-212 OR ANY IMMIGRATION WAIVER!
