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Viles Law Firm


The I-601 waiver offers a chance for a foreign national to obtain a waiver when a consulate or the immigration service has found the foreign national to be inadmissible. Typically, this waiver requires the applicant demonstrate extreme hardship to a qualifying U.S. permanent resident or citizen spouse or parent. Immigration regulations do not provide a precise definition of extreme hardship. The hardship is extreme if the hardship is unusual or beyond that which a regular person in a similar situation would be experiencing. Viles Law Firm is experienced in evaluating family situations for the purpose of finding the required hardship. The role of your lawyer is to identify the factors in your life which make your situation unique and the hardship extreme. Waivers of inadmissibility are available for the following situations:

 

Waiver of Inadmissibility Due to a Communicable Disease

Certain diseases will render you inadmissible to the United States. A waiver of inadmissibility under Section 212(g)(1) may be available to allow you to proceed with getting your greencard.

  • Class A Tuberculosis
  • Chancroid
  • Gonorrhea
  • Granuloma Inguinale
  • Lymphogranuloma Venereum
  • Syphilis, infectious stage
  • Leprosy
  • Any other communicable disease specified by the U.S. Secretary of Health and defined at 42 CFR 34.2(b)

 

Inadmissibility Due to Vaccination Requirement

When you apply for a greencard either inside the U.S. or at a consulate, you are required to undergo a medical exam. You will have to show that you previously received your vaccinations as a child or that the civil surgeon (immigration approved doctor) gave you your vaccinations again. You are eligible for a waiver under Section 212(g)(2)(C) from the vaccination requirements if you can demonstrate that you are opposed to all vaccinations because of religious or moral beliefs.

 

Waiver of Inadmissibility Due to Physical or Mental Disorder and Associated Harmful Behavior

This waiver of inadmissibility under 212(g)(3) is for persons who had a physical or mental disorder which has associated harmful behavior. The disorder and harmful behavior poses a threat to property, safety, you welfare, the welfare of others, and is likely to recur or lead to more harmful behavior.

 

Waiver of Inadmissibility Due to Criminal Grounds of Inadmissibility or Due to Fraud or Misrepresentation

You maybe eligible for a waiver of inadmissibility under (212)(a)(2) if the consulate, immigration service, or immigration judge says that you are guilty of fraud or misrepresentation. Waivers are available in the following circumstances:

  • A Crime Involving Moral Turpitude (CIMT)
  • Possession of 30 grams or less of marijuana
  • Two or more convictions, other than political offenses, for which the sentences were five years or more
  • Prostitution
  • Unlawful commercialized vice
  • Certain aliens involved in serious criminal activity who have asserted immunity from prosecution

 

Petty Theft Exception

The petty theft offense waiver is available for a person who has committed only one CIMT for which the maximum possible sentence was one year and the actual sentence imposed was six months or fewer.

 

Waiver of Inadmissibility for Membership in a Totalitarian Party

Section 212(a)(3)D)(iv) allows for a waiver if you were a member of a totalitarian party or associated with the Communist party.

 

Waiver of Inadmissibility for Alien Smuggling

Under Section 212(d)(11) or 212(d)(12), you may be eligible for a waiver if you have been charged with alien smuggling.

 

Waiver of Inadmissibility for Unlawful Presence

If you remain in the U.S. for 180 days without authorization, you are not allowed to return to the U.S. for 3 years. If you remain in the U.S. for 365 or more without authorization, you cannot return for 10 years. These penalties are known as the 3 year and 10 year bars. Section 212(a)(9)(B)(v) grants a waiver of unlawful presence for persons who meet the criteria.

 

 

The consulate may impose a ground of inadmissibility for both immigrant and nonimmigrant visas. Criminal history, illness, and previous visa fraud or misrepresentation may trigger a ground of inadmissibility and result in a denial of the visa application. The immigrant visa extreme hardship waivers are discussed in another section. Nonimmigrant waivers of inadmissibility are available under Section 212(d)(3).

 

These waivers are often called Hranka waivers because of a decision from the Board of Immigration Appeals (BIA) in Matter of Hranka, 16 I & N Dec. 491, 492 (BIA 1978) Three factors form the foundation of a decision in a Hranka waiver case:

  • Risk of harm to society if the applicant is admitted into the U.S.;
  • Seriousness of the applicant’s prior criminal history and/or immigration violations; and
  • The applicant’s reasons for wanting to enter the U.S.

 

Viles Law Firm prepares a thorough petition package demonstrating your eligibility both for a nonimmigrant visa and reasons why you qualify for the Hranka waiver. The Admissibility Review Office (ARO) adjudicates these waivers. You will need to submit the package either at the appropriate U.S. consulate or at the Customs and Border Protection (CHP) office nearest to you.

 

The ARO will issue either an approval or a denial. A denial in the U.S. may lead to the referral of your case to the Executive Office for Immigration Review (EOIR) for removal proceedings. You can renew your waiver request before an Immigration Judge (IJ). If the Immigration Judge denies your request, you can appeal to the Board of Immigration Appeals.

 

Applying at the consulate is trickier. First, the consular officer must determine whether you are eligible for the nonimmigrant visa category under which you are seeking to enter the U.S. Viles Law Firm will prepare a nonimmigrant visa petition package for you. If the consular officer determines that you are not eligible for the particular visa category, the officer will take no action on your waiver case. If the consular officer agrees that you are eligible for the requested visa category, the consular officer will then determine the reason for your inadmissibility. Viles Law Firm will then prepare the Hranka waiver application according to 212(d)(3). The consular officer then makes a recommendation to the Admissibility Review Office about whether the consular officer wishes to see an approval or denial.

 

If the consular officer wants to deny the Hranka waiver application, you can either accept the denial or request that the consular officer forward the waiver to the ARO with a request for an advisory opinion. Denials are specific to each application. You can reapply at a future time. However, when you reapply after a denial, you will need to understand the reasons for the denial so that you can try to overcome the grounds of rejection.

 

 

Viles Law Firm understands there is nothing more serious than the possibility of being deported from the U.S. Our lawyers have extensive experience in finding solutions to seemingly impossible problems. We will discuss with you the options of adjustment, asylum, cancellation of removal, waivers of crimes, and waivers of fraud and misrepresentations, along with the possibility of terminating removal proceedings. You should contact us as quickly as possible because of the strict deadlines involved in immigration court proceedings.

 

 

Some foreign nationals are not immediately eligible to enter the United States with a tourist or work visa, to apply for a greencard, or to apply for Cancellation of Removal. The inability to return to the U.S. often creates serious emotional and financial hardship for the family which has remained in the U.S. Viles Law Firm is committed to removing the pain of separation. Viles Law Firm attorneys have the critical experience you need to obtain a waiver from the following grounds of inadmissibility:

 

  • Health Related Grounds, including a communicable disease of public health significance (infectious tuberculosis, HIV), inadequate vaccinations, physical or mental disorders and associated behavior that may or has posed a threat to property, safety and welfare of the person or others, and being a drug abuser or addict
  • Economic Grounds such that a person may become a public charge and utilize public benefits such as welfare or Medicare
  • Criminal Grounds, including Crimes Involving Moral Turpitude and most drug offenses
  • Persons, who entered or remained in the U.S. without authorization after the expiration of their I-94s or who have been removed or deported
  • Fraud or Willfully Misrepresenting a Material Fact, in connection with applying for a visa, or any other immigration benefit
  • Falsely Claiming Citizenship
  • Unlawful voting

 

Security Related Grounds, including espionage, sabotage, illegal activity, terrorist activity, association with terrorist organizations, membership in a totalitarian party (including the communist party), Nazis, persons who have committed genocide or torture, religious persecutors, etc.

 

 

Asylum is a form of legal protection for you if you are afraid to return to your home country because you endured persecution in the past or fear persecution in the future. Persecution includes many kinds of harm from physical abuse, detention, and threats to you and your family. The persecution must be from the government or persons or groups which the government is unwilling or unable to control. You must be singled out for persecution because of your race, religion, nationality, political opinion, or membership in a social group. Viles Law Firm attorneys are experienced in developing your story according to the law of political asylum to increase your chance of success.

You must apply for asylum within one year of the date of your entry to the U.S. However, there are exceptions if your country conditions have changed or if there are extraordinary circumstances which distinguish your current situation from when you first entered the U.S.

We are experienced in applying for asylum through the asylum office and also through the courts.

 

 

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