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Individuals who have been deported are deemed inadmissible for a lengthy period of time and could even be subjected to a permanent ban. Under a I-212 Waiver, an individual may be allowed to reapply for admission prior to meeting the required amount of time outside the U.S. pursuant to INA Section 212(a)(A)(iii).
Immigration officials exercise wide discretion when adjudicating a request for a I-212 waiver. Accordingly, a waiver request is adjudicated on a “case-by-case” basis. Numerous positive factors may be taken into account including but not limited to evidence of the foreign national’s good moral character, reformation as well as ties to the U.S. and hardship to others. Negative factors may include the foreign national’s likelihood to be a public charge, unauthorized employment or police record.
Applying for a waiver is not an easy process. Allow Attorney Kyce Siddiqi to explain which waiver you may be qualified for and help you complete and submit your request.
A person who is ineligible for admission may nevertheless enter the U.S. upon being granted a I-601 waiver. Each I-601 waiver request has a unique set of facts and circumstances. With that said, the more common reasons an I-601 waiver is sought include:
If the applicant has an American citizen relative or lawful permanent resident relative, and this relative would undergo extreme hardship if the applicant is removed or deemed inadmissible, then the applicant could possibly qualify for this particular waiver. Do not confuse this waiver with the I-601A provisional waiver of unlawful presence.
While there is no “fixed” definition of hardship, the factors involving proving hardship include but are not limited to: health-related issues, financial and economic factors, as well as educational and social factors. Other factors include the difficulty associated with relocating to the foreign country. The economic and social conditions of the foreign country is also a factor. These factors not looked at individually; rather, they are looked at cumulatively.
If you are unsure which waiver applies to your situation, or would like to discuss other types of waivers, contact Attorney Kyce Siddiqi today. Let the Law Firm of Kyce Siddiqi help you with your waiver.