FAMILY-BASED waivers - bOARD-CERTIFIED IMMIGRATION ATTORNEY

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With any case involving a family-based immigrant visa or green card, there are multiple waivers available to cover a broad array of what the Immigration and Nationality Act calls "grounds of inadmissibility." Essentially, grounds of inadmissibility are reasons why the U.S. government will deny your request for a visa or a green card. Often, these grounds of inadmissibility are related to criminal history or past immigration violations, but they can also come up whenever the you have certain health conditions, where you were previously here on a J-1 exchange visa, or where the immigration service believes that you have either lied or made a misrepresentation. To fix these issues in our clients case, we have used the following waivers:

• Sectoin 212(h) Waiver: This law allows you to get a green card even if you have a crime, such as possession of a small amount of marijuana (under 30 grams), if you have a conviction related to solicitation or prostitution, or if you have a crime called a "crime involving moral turpitude" (CIMT), such as theft or robbery. In order to gain approval of this waiver, USCIS requires you to show that you have "qualifying relative" or family member, such as a parent, spouse, fiancee or child who is either a U.S. Citizen or Lawful Permanent Resident. You then have to show that your qualifying relative will suffer extreme hardship if you are not granted the waiver by USCIS.

• Section 212(a)(9)(B)(v) Waiver: This allows you to get a green card even if you have a 3-year bar or a 10-year bar, which is often caused by overstaying a tourist visa or by coming to the United States without permission. Current law states that in order to be eligible for this waiver, you must have a qualifying relative, which includes a parent, spouse, or fiancee who is either a U.S. Citizen or Lawful Permanent Resident.

• Section 212(i) Waiver: This waiver allows you to get a green card even if you have lied or made a false statement to an immigration officials in certain circumstances. As with the waivers mentioned above, you must have a qualifying relative who is a parent, spouse, or fiancee who is either a U.S. Citizen or Lawful Permanent Resident.

• Section 212(e): This waiver is available to people who have previously been present in the United States in J-1 visa status, which is also commonly referred to as an "exchange" visa. Typically, you will need this kind of waiver to overcome the requirement that you return to your home for at least two years before pursuing another visa statu in the United States. However, once we obtain this waiver for you, you can qualify for a green card.

• Section 212(d)(3) Waiver (for certain crime victims): This method allows visas to be issued to victims of crimes, specifically people who fear deportation if they report the crime or who have been trafficked. Usually, these waivers are available if you are applying for a nonimmigrant visa, such as a U Visa or a T Visa.

Whatever method is best for your case, you can rely on our capable immigration attorneys. The Law Office of John M. Bray, PLLC, takes on even the most complex immigration waiver cases that other lawyers avoid.