By Law Offices of Sholeh Iravantchi, PsyD, Esq.
GENERAL OVERVIEW OF FAMILY BASED PETITION
PART III
In Part I & Part II, we discussed who can petition for a family member, how to move forward to the adjustment of status, and what will affect the adjustment of status. In this section we will look at certain “Waivers” that will provide a relief to inadmissible applicants seeking to adjust.
“WAIVER FOR UNLAWFUL PRESENCE (I-601 A) &
WAIVER OF GROUNDS OF INADMISSIBILITY (I-601)”
Waiver of Grounds of Inadmissibility provides applicants seeking adjustment of status to request waiver of certain inadmissibility issues in their matter, so they become eligible to adjust their status. There must be a “qualifying” relative that will experience extreme hardship should your request is denied. Reasons for inadmissibility could be related to health-related grounds, certain criminal grounds, immigration fraud/ misrepresentation, and the 3 year or 10-year bar due to previous unlawful presence in the United States.
In this section we only will discuss briefly the inadmissibility based on criminal grounds. Based on the INA, there are several inadmissibility grounds for noncitizens who commit certain type of criminal offenses.
Some of these offenses are as follows: A crime involving moral turpitude (CIMT) or if convicted of two or more offenses for which the total of sentences at least is 5 years; multiple criminal convictions; and convictions relating to controlled substance(drug) trafficking.
Depending upon the ground of inadmissibility, each case requires careful analysis in order to evaluate availability of waiver.
For applicants with unlawful presence inadmissibility (212(a)(9)(B)), the waiver can be submitted with the adjustment application. This application should be initiated prior to you ever leaving the U.S. This application is filed after your I-130 approval. Furthermore, you need to notify the National Visa Center (NVC) that you have you been requesting such waiver. This will allow NVC to schedule your interview once a decision on this application is made.
However, if the applicant had prior removal order or deportation and are inadmissible under 212(a)(9)(C), they must remain outside for 10 years and the waiver could be requested before their entry as they are ineligible for adjustment of status.
Requesting waivers are complex and require careful review of the entire case related to the applicant. It is highly advised to seek the advice of an attorney should you require to obtain a waiver due to inadmissibility or other grounds.
| For a free consultation to discuss your case with an immigration/ criminal defense attorney, call us today at (714) 619-9303 or contact us at Law Office of Sholeh Iravantchi, Esq. |
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