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Certain individuals with a criminal history may still be eligible for immigration benefits by obtaining a waiver for criminal activities. This process usually begins with a Freedom of Information Act (FOIA) request and a criminal background check to determine eligibility for the waiver. An immigration attorney can help guide you through the waiver application process, gather necessary evidence, and keep you informed on the progress of your case.
Common documentary evidence includes:
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If your inadmissibility arises from unlawful presence in the U.S., fraud or misrepresentation, or crimes of moral turpitude, you must apply for an I-601 or I-601-A hardship waiver. Since these situations involve breaking the U.S. law, obtaining these waivers can be a stressful, even intimidating process. You’ll need to not only prove that your family member would experience hardship, but you must also explain why the U.S. government should forgive you for the acts you committed. Depending on the act or acts you committed, the standard of hardship ranges from extreme to “extraordinary and extremely unusual.” However, our immigration attorneys have successfully steered our clients through these situations and will fight to overcome even these barriers to admissibility. Contact us today to arrange a consultation.
If you’ve been living in the U.S. on a J-1 visa as a researcher, teacher, student, cultural exchange participant, au pair, a government consultant, or through another endeavor that brought you to the States, you likely must return to your home country for two years before you can obtain a green card. However, if you have family who are U.S. citizens or lawful permanent residents who need you to stay in the United States, you can apply for a J-1 inadmissibility waiver. Although the standard required to obtain the waiver is “exceptional,” our skilled immigration attorneys can look at your case to see whether your family’s needs meet that standard. If so, we will put together a rock-solid case that gives you the best chance of receiving a waiver. Get in touch with our legal team today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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