Immigration Waiver Lawyer in Jacksonville

1. An applicant whose U.S. Citizen or Lawful Permanent Resident spouse, parent, son, or daughter, would experience extreme hardship if the waiver were denied. Link to the blurb on extreme hardhsip
2. An abused spouse or child, petitioning under the Violence Against Women Act (VAWA). link to VAWA (section 7)
3. Inadmissible only the prostitution ground, has been rehabilitated, and whose admission would not be contrary to the national welfare, safety, or security of the U.S.
4. Inadmissible for certain criminal activities which occurred more than 15 years before the application, has been rehabilitated, and whose admission would not be contrary to the national welfare, safety, or security of the U.S.

Misrepresentation

The misrepresentation ground of inadmissibility is found at INA §212(a)(6)(C)(i). A misrepresentation occurs when someone intentionally provides false information to obtain an immigration benefit. This can be done by intentionally stating something false, writing something false, or presenting false or fraudulent documents. It can also be implied when someone enters the U.S. for a purpose different than that of the status they applied for. For example, someone who entered the U.S. with a tourist visa (purpose of visiting the U.S.), but whose actual purpose of coming to the U.S. was to work or go to school. To make someone inadmissible, the misrepresentation must be material, meaning that if the true information would have been presented, the official would have made a different decision, or that presenting the false information, cut off questioning of the issue relevant to the decision. A misrepresentation creates a lifetime bar, with a waiver available to persons who have a qualifying relative who is the applicant’s U.S. Citizen or Lawful Permanent Resident spouse or parent. 

Alien Smuggling

The broad alien smuggling ground of inadmissibility is found at INA §212(a)(6)(E), and holds that an applicant is inadmissible for helping a person to enter the U.S. unlawfully. If the person who was smuggled is the applicant’s child, spouse, or parent when the smuggling occurred, a waiver is available if approval of such waiver is in the interest of family unity or for humanitarian concerns. If the person who was smuggled was the applicant’s fiancé, sibling or relative (other than their child, parent or spouse), or any other person, there is no waiver available.

False Claim to U.S. Citizenship

The false claim to U.S. Citizenship ground of inadmissibility is found at INA §212(a)(6)(C)(ii). The false claim must have occurred after September 30, 1996 to make the applicant inadmissible. This ground of inadmissibility often occurs when someone holds themselves out to be a U.S. Citizen, including presenting a birth certificate or other document to immigration, voting and/or registering to vote in a U.S. election. 

Although there is no waiver to making a false claim to U.S. Citizenship, there is an exception if you are the child of a U.S. citizen and resided in the U.S. before age 16, and you believed you were a U.S. citizen. Applicant’s adjusting through certain visa categories including U-visas and T-visas, may request this ground of inadmissibility be waived for them through the generous waivers associated with those specific types of relief.

Whether you are filing a waiver in conjunction with your application to adjust status, you are seeking a provisional waiver for unlawful presence, you are requesting a waiver before an Immigration Judge, or you require a waiver and are consular processing abroad, our attorneys will work with you to give your case the individual attention it deserves and to put forth a strong and compelling case demonstrating why your waiver request warrants approval. 

Contact us today to get a consultation with our compassionate legal team.