Citizens of the United States are not allowed to be denied entry into the country. However, not everyone who enters or stays in the US has the right to do so. People who fall into the categories listed in section 212(a) INA are not allowed to enter the US. Their applications will be rejected if they want a visa or green card.
Also, they can be deported if they are already in the US. If you have been denied or got an unfavorable ruling in your immigration case, it can be tough. You may want to know if there is anything you can do to fix it.
The good news is that in most cases, you can either apply for a waiver (at the earliest time) or appeal an immigration decision that you think was wrong or unfair. Don’t give up hope! An immigration attorney in Jackson Heights will go over the basics of the immigration waiver or appeal process. Hence, you will know what you can do.
If you are an inadmissible person, you can still be admitted to the US if you apply for a waiver. There are different types of waivers, and one could be right for you. A waiver permits you to come or stay in the US, even if you are inadmissible for some reason.
For example, if you overstayed a visa, cheated on your taxes, or were convicted of a crime, you could still be admitted if you get a waiver. It is different for everyone, so it is a good idea to talk to an experienced immigration attorney in Jackson Heights to determine your waiver options.
Appealing can be a great way to get out of a challenging situation, whether because you have been denied a vital visa, are in the process of getting kicked out of the US, or have been ordered to leave. But it can be hard to know what to do, so an immigration attorney in Jackson Heights can help. They will break down the appeals process so you know what to expect.
This blog provides vital information about the US immigration waiver and appeal process.
Waiver Options in the US
Many people who want to move to the US sometimes do not qualify. It can be challenging if that is the case, but there are ways to get out of it. There are different waivers, and one could be right for you. If you cannot stay in the US for any reason, you can apply for a waiver to get out. But figuring out which and how to get it can be tricky.
That is why it is essential to have an experienced immigration attorney in Jackson Heights help you figure it out and ensure you get an excellent chance of getting your waiver approved. If you do, you won’t have to worry about the penalties that come with the inadmissibility grounds. Some of the different immigration waivers you can apply for include:
1. I-601 waiver.
Immigrants with family members who would be in serious trouble if they were taken away from the country can take advantage of the I-601 Waiver. This applies to anyone trying to get an immigrant visa or green card or is in an adjustment of status phase.
You must have enough evidence to show that your family member is an American citizen who relies on you to help them. If you are inadmissible because of an illegal presence, a crime, or a visa fraud, you can take advantage of this waiver.
However, it is essential to talk to an immigration attorney in Jackson Heights to know the ins and outs of your situation.
2. I-601A waiver.
If you are a relative of an American citizen or permanent resident, you can use this application to request a temporary waiver of the inadmissibility grounds before you leave the US to appear at an embassy or consulate to get an immigrant visa. If you have been in the US illegally, you won’t be able to return with a visa.
It is called unlawful presence. If you were in the US illegally for more than a year, you would be subject to a 3-year bar, and if you were there for more than a year, a 10-year bar. A waiver would let you come back before the ban ends. You can also use I-601A if you are a spouse or parent of a US citizen or permanent resident when there is a severe hardship.
3. I-212 waiver.
If you are facing possible expulsion from the US because of a crime or you have been living illegally in the US, an I-212 waiver may be the most suitable way to get out. But it takes work. It takes a long time to apply and complete the paperwork, and you will need the help of an immigration attorney in Jackson Heights to walk you through the process.
4. A waiver on humanitarian and national interest grounds.
You can ask for an immigration waiver based on humanitarian aid. This is great for people who are refugees or asylum seekers. You can also apply for a waiver because the waiver will benefit the US. This is if you have a degree or job that can help the US arts, science, or business.
There are many reasons why you might not be eligible for an immigration waiver, and it can significantly impact your chances of getting permanent US residency. Immigrants can apply for waivers, but it isn’t easy and requires much work and documents.
5. The appeal process
If you disagree with what immigration officials are doing, you have a legal way to fight it. The immigration appeal process lets you take your case to the highest level of government and try to get them to reverse or change their original decision. It is essential for fairness and justice when it comes to immigration.
If you are denied an immigration status by a US government official or agency, you may have the right to file an appeal. If an immigration judge denies your case in a court case, you can also file an appeal. If an immigration office denies your case, you can also file an appeal. There are various levels of appeal available under the immigration system.
6. Appeals to the Administrative Appeal Office (AAO).
The AAO is responsible for handling appeals from the USCIS’s decisions. All decisions from the USCIS can be appealed to them. For instance, someone can appeal if their non-immigrant or employment visa is denied or revoked. They also have a branch that looks into immigration fraud, and there are deadlines for filing appeals.
The AAO ensures that immigration laws are understood correctly. They stay up to date on any changes in immigration law and handle appeals quickly and efficiently. They ensure that precedent decisions are made public so that people can understand what is going on in immigration.
7. Appeals to the Board of Immigration (BIA).
The BIA is part of the Justice Department. It is the top decision-maker for interpreting and enforcing US immigration laws. It has 15 board members and is responsible for reviewing immigration court decisions and some USCIS decisions. It can confirm, undo, or hold a judge’s decision.
In most cases, it looks at an applicant’s paperwork, including their original request, petition, brief, motion, and decision, and makes its own decision. It is not like a court of law, though. The BIA looks at all the documents and records of the case independently and usually notifies the person via mail.
BIA decisions are the last step in the removal process. But the BIA’s power goes beyond removal, and if USCIS denies your petition, you can appeal to BIA. If BIA confirms the denial, you can visit the Federal District Court. You need the services of an immigration attorney in Jackson Heights to go through this process.
8. Appeals to the Federal District Court.
Most court cases are based on the BIA’s decisions. To appeal to a federal district court, you must follow the rules and procedures set out in the INA. There are now 13 federal courts that deal with appeals. The federal district courts can review exclusion, deportation, and expulsion orders. You must file a petition for review within 30 days of the final order.
It is not enough for a federal district court to review a case. They can also look at constitutional arguments and legal issues. They can also fight against USCIS’s unreasonable delays in processing applications, deny naturalization, keep someone in immigration custody, or deny an expulsion order for any legal or constitutional reason.
Learn more from an immigration attorney in Jackson Heights.
If you are applying for a waiver or appealing a decision, you will want to be sure your application is prepared by someone who knows the ins and outs of immigration law. That is because the USCIS goes through every single application before they decide.
At Gehi and Associates, we have an experienced immigration attorney who can help you with all kinds of things, like appealing a decision that denies your waiver, defending you during removal proceedings, and helping you with your application. Hence, you have a better chance of being approved.
If you are looking for an immigration lawyer to help you with anything, call us today and get an initial free consultation.
1. How long will it take me to get an I-601 waiver?
There is no set amount of time that an I-601 waiver will take to process. It depends on many things, like where your application is being processed. For some, it could take less than a year. For others, it could take a year or sometimes two or more. An I-601A waiver will usually only take a few months to process.
2. Can I get an immigration waiver without stress?
It takes work to get a waiver. It takes a lot of thought and preparation. But with the right help from an immigration attorney, you can make it happen without stress.
3. Can I file an immigration appeal without stress?
Immigration appeals involve much paperwork. Filing an appeal is difficult, so you might have to work with an immigration attorney.
4. Can I file an appeal at any time after a decision?
If you get an unfavorable immigration decision, you usually have 30 days to file an appeal. If you wait any longer, you may be unable to appeal. But there are some exceptions, and an immigration attorney can help determine your eligibility.