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
•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!!