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Immigration Waivers Attorney

Before you can enter the United States or remain in the country lawfully, you must be deemed admissible. If you are deemed inadmissible, you will be denied entry and given the grounds for inadmissibility. However, this doesn’t mean it’s the end for your journey. There are different waivers for inadmissibility that you may qualify for.

The first step to finding the right waiver for you is talking to an immigration waivers attorney. The team at Castillo & Associates is committed to helping people like you overcome their immigration hurdles. Call us at 800-497-9774 to schedule a consultation right away.

Finding Out If You Qualify for a Waiver

While there are several types of waivers, they have fairly strict requirements for applicants. Some of these requirements are very specific—for example, must be a beneficiary of an immediate relative petition—and others are more general and subjective. An example of this would be “ability to demonstrate extreme hardship.” With so much nuance involved, it is crucial to work with an immigration attorney that can help you work your way through the system.

There are several types of waivers you may be able to use to enter the United States or remain in the country.

I-601 Waiver – The I-601 waiver is available to those interested in immigrating, adjusting their status, or entering the country as a non-immigrant. You may choose this route if you have a parent or spouse who is a U.S. citizen or permanent resident. Additionally, you must be able to prove that they would suffer extreme hardship if you were to leave or be denied entry to the United States.

The I-601 waiver allows you to request admission after being deemed inadmissible for any reason. This may include medical issues barring you from the country, criminal background, intentional circumvention of the immigration process, and poverty.

The term “extreme hardship” is fairly subjective, so it’s important to work with an attorney who can help you meet this standard. If your qualifying relative relies on you for assistance with a medical condition, for financial or emotional support, or otherwise would be seriously harmed without you around, you may qualify for a I-601.

I-601A Waiver – The I-601A waiver is intended for those who are unable to enter or remain in the country because they spent time in the United States unlawfully. You must have either spent between 180 and 365 days in the country unlawfully during one stay or have spent more than one year unlawfully in the country during a single stay.

It is generally less uncertain than the I-601 waiver and allows applicants to submit their information before leaving the country for their consular interview. It’s less uncertain because it is only open to those with very specific grounds of inadmissibility. Applicants must have either been in the diversity visa program or have an approved immigrant visa petition. If you have Form I-485 pending, you cannot apply for this waiver program.

Early Readmission Waiver – If you have already been removed or deported from the United States and you want to reenter the country, you may seek an early readmission waiver. The I-212 waiver request allows you to ask the government for permission to reenter the country lawfully. You must have already been deported and you must submit the paperwork from outside the country.

Being deported from the country automatically makes you inadmissible. The amount of time you cannot reenter the country depends largely on why you were removed from the country. The more complicated your immigration history is, the harder this process can be—so it’s important to disclose every removal and every period of time spent in the United States to your immigration attorney. Depending on why you were removed from the country, you may be barred from the United States for five years, ten years, twenty years, or forever.

How We Can Help

At Castillo & Associates, we know that being denied entry to the country can cause enormous stress, financial pressure, and emotional turmoil for you and your family. Our in-depth knowledge of and experience with the immigration process gives us the skills needed to handle your complex case. No matter why you were removed from the country or why you want to return, we’re here to discuss your needs and come up with a plan. Set up a time to talk to our team now—call us at 800-497-9774 or send us a message online.

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