Nashville Immigration Waiver Attorney
When love crosses international boundaries, the immigration process can become complicated. An experienced immigration lawyer can simplify the process and make it easier for U.S. citizens to bring spouses and other loved ones to live in the United States legally. For those who are not eligible based on a ground of inadmissibility, a waiver may be available.
Waivers of Inadmissibility for Criminal Convictions and Immigration Law Violations
The law office of Maniatis Law PLLC, in Nashville, Tennessee, helps clients throughout the United States complete all the steps necessary to obtain marriage visas, fiancé(e) visas and other potential visas. However oftentimes there are issues with one’s past that can jeopardize this process. Anyone with a prior criminal conviction or immigration law violation may require a waiver for their application to be approved.
The Meaning Of Inadmissibility
The law on the meaning of inadmissibility is set out in the Immigration and Nationality Act (INA). This law is designed to protect U.S. citizens from national security threats, threats to public health and public safety.
Applicants who have convictions for certain crimes may need the services of a provisional waiver attorney to help them.
What Crimes Are Grounds For Inadmissibility?
Not all criminal offenses amount to criminal grounds of inadmissibility. For example, someone with a minor driving infraction is unlikely to be refused entry to the United States. Offenses that give rise to criminal grounds of inadmissibility include;
- Crimes of moral turpitude: These are offenses of the most serious nature that indicate a lack of moral principles. Murder, rape, armed robbery, serious assault and child abuse are some of the more notable crimes of moral turpitude.
- Drug offenses: Convictions for drug offenses may indicate that an individual is a threat to public health and safety. This includes convictions for possession of controlled substances or participation in drug trafficking. However, it’s also important to remember that even a minor drug possession charge can also be considered a crime of moral turpitude under federal law, as are crimes that were committed due to drug addiction or abuse.
- Multiple criminal convictions: One minor conviction may not bar entry to the United States. However, multiple convictions could indicate a pattern or criminal behavior, which provides criminal grounds for inadmissibility.
- Other criminal behaviors: You can also be declared inadmissible due to crimes that occurred outside this country, such as human rights violations and financial fraud in your home country.
A conviction does not necessarily mean that you will be barred from entering the United States. In some conditions, you may be granted forgiveness. The formal process for this involves being approved for an I-601A waiver. The provisional waiver attorneys at Maniatis Law have several years of experience dealing with immigration claims.
Provisional Waiver for Unlawful Presence
With some exceptions, if your spouse entered the United States without permission then he or she must return to their home country and attend an interview at a U.S. Embassy to be granted an immigrant visa. If your spouse has been physically in the country for over 1 year since entry without permission, then he or she will be barred from receiving any immigration benefit (including permanent residency) for 10 years. Importantly, the 10-year clock does not start to run until he or she leaves the United States. This means going to their visa interview at the U.S. Embassy will result in a denial. Fortunately, there is a waiver available for certain applicants who can prove they meet the criteria for forgiveness called the I-601A Application for Provisional Unlawful Presence Waiver.
- Extreme Hardship: You have the burden of proving that unless the I-601A waiver is granted your U.S. citizen spouse will suffer “extreme hardship.” You must prove this hardship exists under two conditions (1) if you and your spouse are separated, and (2) if both of you relocate outside of the United States. Each case is evaluated on a case-by-case basis and everyone’s circumstances will be different. It is absolutely essential to have an attorney assist you in this process to provide enough compelling information, documentation, and legal argument to prove your case. This will usually consist of expert opinion and medical examination.
- No Other Ground of Inadmissibility: You must also prove that there exists no other ground of inadmissibility. Meaning, you must not have any other immigration violation or criminal conviction that disqualifies you from obtaining permanent residency. If you do, you will not qualify for the I-601A waiver.
- Discretion: The decision on whether to approve your waiver is within the discretion of the reveiwing immigration officer. Therefore, you must not only prove you are eligible for this waiver under the necessary rules and regulations, but that you should receive this benefit because your character and ties to the community merit such a decision.
I-601 Application for Waiver of Grounds of Inadmissibility
If you have other grounds of inadmissibility other than solely unlawful presence, you must receive an approved Form I-601 to be granted permanent residency.
- Grounds of Inadmissibility: If you are ineligible for permanent residency based upon a criminal conviction (including Crimes Involving Moral Turpitude “CIMT”), immigration fraud or misrepresentation, alien smuggling, health related grounds, receiving a civil penalty due to document fraud, or multiple grounds including the 3-year or 10-year bar for unlawful presence, you will need to file Form I-601.
- Proof Required: depending on your ground of inadmissibility the required proof will vary. You will want to have the assistance of attorney to prepare your waiver and include sufficient supporting documentation and legal argument to ensure the best possible outcome of your case.
Dedicated To Your Success
The firm’s founding attorney, Matt Maniatis, is dedicated to his clients’ success. He understands immigration laws and procedures, and how to navigate the confusing U.S. immigration system. Maniatis Law PLLC will work hard to complete the necessary paperwork accurately and completely, meet filing deadlines, and complete every step as quickly as possible. The attorney and staff at the firm are open and honest, communicate promptly, and keep clients apprised of all important developments in their cases in a timely manner.
Maniatis Law PLLC, follows direction from clients, and encourages clients to speak openly and honestly about their circumstances and histories to better help them obtain immigration relief.