BEST NYC IMMIGRATION WAIVER ATTORNEY WITH 15+ YEARS OF EXPERIENCE

In some situations, USCIS officials may decide on a waiver without requiring the applicant to submit a form. However, the official must document the waiver determination in the applicant's record.

A 212(d)(3) waiver is available for foreign nationals applying for admission as nonimmigrants at a port of entry or consular post abroad. This waiver does not require a relative who is a US citizen or lawful permanent resident, or evidence of hardship. Eligibility is based on factors such as risk to society, immigration violations, criminal record, and reasons for requesting entry.

If you have been barred from re-entry to the United States due to a breach of immigration law, the length of the bar will depend on the duration of your stay in the US before departing. If you entered the country illegally, the unlawful period begins on the date of your entry. If your temporary visa expired, the unlawful period starts from the expiration date of your visa.

The bar duration varies as follows:

• A three-year bar is imposed on individuals who were unlawfully present in the US for a period ranging from 180 days to 12 months.

• A ten-year bar is imposed on individuals who were unlawfully present in the US for more than one year.

• In certain cases, individuals may receive a permanent bar, in which case a waiver is not possible.

To apply for a 212(a)(1) waiver of health-related grounds of inadmissibility, you need to determine if you are eligible. The following information is relevant:

• For communicable diseases: You must provide evidence that your disease can be treated in the US.

• For physical or mental disorders: You must provide a comprehensive history of your condition, including harmful behavior, prognosis, life expectancy, and recommended treatment. It is not necessary to have a qualifying family member to apply for this waiver.

• For failure to obtain necessary vaccinations: You must provide evidence that your objection to vaccinations is based on moral convictions or religious beliefs.

Each type of health-based inadmissibility waiver has different approval requirements. To navigate the application process successfully, it is recommended to seek assistance from the experienced team at Dalbir Singh & Associates, P.C.

Requirements for a 212(i)-fraud waiver include:

• Providing evidence that your spouse or parent is a US citizen or a Green Card holder.

• Demonstrating that your relatives would suffer extreme hardship if the waiver were not granted.

However, you are ineligible for a 212(i)-fraud waiver if you falsely represented yourself as a US citizen after September 30th, 1996, for any purpose or benefit under immigration law. It's worth noting that a timely retraction of your false claim to US citizenship may not prevent you from obtaining immigration benefits.

You are ineligible to apply for a 212(i)-fraud waiver if you have falsely represented yourself to be a US citizen after September 30th, 1996, for any purpose or benefit under immigration law. However, it's important to note that a timely retraction of your false claim to US citizenship may not necessarily prevent you from obtaining immigration benefits.

To apply for a 212(c) waiver, you need to meet the following requirements:

• You must not have been imprisoned for more than five years on a conviction after November 1st, 1990.

• You must have resided in the US lawfully and continuously for at least seven consecutive years.

• You must not be subject to deportation on terrorism or national security grounds.

• You must not be unlawfully present in the US due to a previous immigration offense.

• Your criminal offenses must have resulted in convictions prior to April 1st, 1997.

You are not eligible to file for a 212(c) waiver if:

• You have a conviction that occurred after April 1st, 1997.

• You have departed the US and are currently residing outside of the country.

• You have illegally reentered the US after being deported or removed.

• You are present in the US without having been admitted or paroled.

You may be eligible for a 212(h) waiver if you are inadmissible due to:

• A single offense involving possession of 30 grams or less of marijuana.

• Prostitution.

• A crime involving moral turpitude (excluding torture or murder).

• Multiple criminal offenses for which you received a combined sentence of five years or more (excluding torture and murder).

You will not be able to obtain a 212(h) waiver if you are inadmissible due to any of the following crimes:

• Murder or torture

• Drug crimes, excluding possession of 30 grams or less of marijuana.

• Drug trafficking

• Money laundering

• Human trafficking

• Severe violation of religious freedom as a foreign government official

• Violent or dangerous crimes, unless you can demonstrate extraordinary circumstances.

Filing the necessary forms is just one aspect of the waiver application process. The experienced immigration waiver lawyers at Dalbir Singh & Associates, P.C. can provide comprehensive assistance by:

• Conducting thorough research on your qualifying family members in the US.

• Exploring alternative options if your initial waiver application is not approved, such as the potential hardships your family would face if they were required to relocate to your home country or if you were forced to return alone.

• Meeting with you and your qualifying relatives to discuss your case in detail.

• Providing a checklist of the required documents for your application.

• Reviewing your documents and application to ensure accuracy and completeness.

• Conducting research on the conditions in your home country to support your waiver application.

• Assisting in obtaining statements from medical professionals, psychologists, or other relevant experts to demonstrate the potential hardships you or your family would face.

• Conduct additional legal research if you have a criminal record or a history of fraud.

• Preparing and organizing all the necessary documents for your waiver application.

• Creating a comprehensive summary outlining the collected evidence and reasons for your waiver request.

Dalbir Singh & Associates, P.C. specializes in various areas of immigration law, including:

• Appeals
• Asylum Cases
• Citizenship and Naturalization
• DACA (Deferred Action for Childhood Arrivals)
• Deportation and Removal Defense
• Employment Immigration
• Family Immigration
• Investor Visas
• Motion to Reopen/Reconsider
• (U) Visa
• Waivers