Waivers of Inadmissibility

New Jersey Immigration Attorney

Representation in New Jersey

Being denied immigration can be disheartening, especially when you may have spent months or even years preparing your visa application. There are countless reasons why an application could be denied, including improper documentation, criminal convictions, and past immigration violations.

At the Law Offices of Simone Bertollini, I understand that a denial can be stressful, but with the representation of m my firm, I can help you seek a Waiver of Inadmissibility. Waivers provide you with a chance to contest your denial of admission, and with the help of the experienced New Jersey immigration attorney from my firm, you may be able to resolve your case quickly.

Call (973) 714-4408 to request an appointment.

Am I Eligible for a Waiver of Inadmissibility?

When compiling a waiver of inadmissibility package, you have to keep in mind that it is your burden proving that granting the waiver would be more beneficial than actually denying it. If the evidence filed with your waiver application shows the need to keep a family intact or serve a humanitarian purpose, and the risk to the public is low, the waiver could be granted.

One of the most common waivers of inadmissibility sought is the 212(h) waiver. Under this waiver, individuals who have been convicted of a crime of moral turpitude or have been convicted of possessing 30 grams or less of marijuana can still obtain immigration benefits in the United States. If completed correctly, a 212(h) waiver can provide deportation defense as well.

Basic Requirements for and Limitations of INA § 212(h):

By its terms, INA § 212(h) will only waive the inadmissibility grounds relating to:

  • Crimes involving moral turpitude (no limit to the number of offenses);
  • Engaging in prostitution;
  • A single conviction for simple possession or being under the influence of 30 grams or less of marijuana, or an equivalent amount of hashish;
  • Conviction of two or more offenses of any kind with an aggregate sentence imposed of at least 5 years; or
  • Asserting immunity against prosecution of a serious crime.

In addition, to qualify for the waiver an applicant must be:

  • A VAWA (Violence Against Women Act) self-petitioner;
  • A spouse, parent, son or daughter of a U.S. citizen or permanent resident who will face extreme hardship if the applicant is removed;
  • Inadmissible only under the prostitution ground; or
  • Inadmissible based upon a conviction or event that took place more than 15 years before the current application.

Does an applicant need to qualify for adjustment of status (Form I-485)?

Most people applying for a 212(h) waiver in the United States will also need to qualify for adjustment status (Form I-485, Application to Register Permanent Residence or Adjust Status), even if they are already lawful permanent residents. There are limited exceptions to this rule, and courts are deciding whether additional exceptions might apply.

People who may not need to qualify for adjustment of status include:

  • Lawful permanent residents who were arrested by immigration officials while trying to reenter the country;
  • Lawful permanent residents who successfully reentered the country after being convicted, even though immigration officials could have arrested them when they reentered.

When can you apply for a 212(h) waiver?

  • You can file an application (Form I-601) with the immigration judge in court;
  • If you are not in removal proceedings and would be eligible to apply for lawful permanent residency if not for your convictions, you can file Form I-601 with the USCIS, along with your application for lawful permanent residency (Form I-485).

To determine if you are eligible for a waiver of inadmissibility or for the new Provisional Waiver of unlawful presence, contact the Law Offices of Simone Bertollini right away.

Aggressive Legal Counsel

At the Law Offices of Simone Bertollini, I am committed to ensuring that my clients receive favorable outcomes to their cases. I understand that immigration issues can be stressful. It is crucial that you obtain a resolution for them as quickly as possible.

The moment you retain the legal counsel of my firm, I can begin investigating the reason your immigration application was denied and draft a course of action to help you obtain admittance or stop removal proceedings. With the assistance of my firm, you can apply for a Waiver of Inadmissibility and have your Visa approved.

If you have questions about your situation, or if you have been denied immigration benefits, contact the Law Offices of Simone Bertollini right away and speak with the firm's immigration attorney now.

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