What is a waiver and why would you need to obtain it? There are several reasons you might need to obtain a waiver.
For instance, if you entered the United States without proper documentation or you failed to leave the United States on a timely basis you can create a ban from entering the US ranging from 3 years to 10 years. If this happens, then you will need to file for a Hardship Waiver to permit reentry into the United States.
Certain offenses will automatically bar you from entry into the United States. But in some cases, such as youthful indiscretions and certain criminal offenses a waiver could allow you entry.
Please call the Law Office of Mario Flores if you are undocumented or you have experienced some criminal problems. We can discuss your options. For example, any deals you make to resolve your criminal dilemma, may restrict you from staying or even requesting permission to remain in the United States.
I-601A Provisional Waiver
On March 4, 2013, USCIS announced that immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States.
The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
This waiver helps speed up the process that a person is separated from their immediate family members while trying to obtain a green card or their lawful permanent residency.
It can be quite confusing to navigate through the Department of State and the U.S Immigration and Citizenship Services (“USCIS”). Without legal assistance, obtaining a family, employment or visitor’s visa can be difficult. The Law Office of Mario Flores is your one stop legal shop, helping you to obtain the necessary visas for you or your family.
Types of Visas
Immediate Relative and Family Sponsored Visas
The immediate relative and family sponsored visa is needed to obtain permanent residency or a green card. When petitioning for your relative by properly filing the I-130 application with USCIS, the following preference categories apply:
- First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
- Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
- Second Preference (2B): Unmarried adult sons and daughters of permanent residents
- Third Preference: Married sons and daughters (any age) of U.S. citizens
- Fourth Preference: Brothers and sisters of adult U.S. citizens
A visa becomes available to a preference category according to the priority date in which the I-130 application was filed.
Individuals who have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity may apply for the U Visas.
Qualifying circumstances include:
- Abusive Sexual Contact
- Domestic Violence
- False Imprisonment
- Genital Female Mutilation
Felonious Assault Hostage
- Involuntary Servitude
- Kidnapping Manslaughter
- Obstruction of Justice
Rape Sexual Assault
- Sexual Exploitation
- Slave Trader
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes
E-1/E-2 Treaty and Investor Visas
Investors, traders, and their employees may receive visas to conduct business in the US, if their home country has a commercial treaty with the US conferring visa eligibility.
Deportation & Removal Proceedings
The deportation or removal proceeding process can be very traumatic and life changing. Not only does it affect the lives of the person put in deportation proceedings, but it also affects the lives of that person’s family members.
Let the Law Office of Mario Flores help you figure out the best options to close the deportation process or to fight the allegations against you, allowing you or your loved one may remain in the United States.
We handle many types of deportation cases, such as:
- Requests for deferred prosecution or prosecutorial discretion
- Requests for voluntary departure
- Asylum requests
- Withholding from Removal requests
- Cancellation of Removal pursuant to 42A and 42B.
Contact the Law Office of Mario Flores, PLLC, for additional information about your legal options. We can also provide legal assistance with immigration, estate planning and family law matters.