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I will give a short summary of when and why a person has to petition for an immigration waiver, not to Washington as often mentioned to me, in order to continue immigration to the United States.
In applying for an immigrant visa, a person must demonstrate, among other requirements that she or he is acceptable to immigrate. There are about ten broad categories. These includes the individual’s health , criminal background , the ability to support himself, visa fraud, smuggling , persecution of people , espionage , terrorist activities and others.
There waivers to certain matters of acceptability or inadmissibility, and there other waivers that may be available in certain rather difficult cases. In the ‘96, immigration law added grounds of inadmissibility that arises from being unlawfully present in the United States — without documents. The illegal entry without inspection is one of these charges of inadmissibility, but there are exceptions for husbands / wives and abused children, under 18 years, Asylum and others.
There are applied bars of three years when they have been without document for more than 180 days but less than one year counting from the date that the person departed the United States, not from the date on which he/she was arrested and removed from the country and returned again, and have not re-arrested .
For simplicity, the 10 years bar are for those who have been residing without documents for more of a year, have returned several times without permission, especially when they have been removed from the country , but there are several laws or regulations in which they can waive this period or could be extended , or could be excluded for life.
Immigration regulations are constantly changing. To say the least, before ‘82, the waivers were being processed in the United States and immigrants went to the consulate with the waiver in their pocket. After ‘ 82 the process changed ; waiver were almost impossible to obtain, but thereafter a fine was required to be paid , later the waivers were processed through the Consulate, and much later on, through the immigration offices in the United States, and now it is back to before ’82. An immigrant can now process for his/her waiver before leaving and heading for a U.S. Consulate abroad.
But, anyway, the waiver process is more than filing the form and paying the fees. One will need to know in which section or inadmissibility law one fits in, and where the documents would have to submitted. Otherwise, all the efforts and money would be equivalent to ” throwing them out the window. ” Not all the cases are alike. The case of a friend, is not same as the case of neighbor, or to one’s case, so to speak.
In most cases you will need to prove that there is hardship at home, with waiver-qualifying- relatives. And penuria, as in Spanish, or hardship, has not been specifically defined . The person and family will have to define this term and convince the Immigration or Consulate officers what is hardship is for you . The latter is in favor of immigrants, because immigrants can define what is hardship for them at home, with their relatives and with their country of origin. Here there is a good chance for a waiver, if you act with caution and honestly.
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