Marriage Immigration Cases with Waivers
Start Living without Fear
Every family should live without fear of being separated, but if your spouse is a foreigner who is living in the United States undocumented, you live with that fear every day.
What if they get deported? Will we have to leave the country? Where will we live? How can we raise our children?
We understand that fear. Clare Corado and her family have experienced firsthand the nightmare of the immigration system and have made it their mission to help others.
If your spouse is living in the US undocumented, there are sometimes ways for them to get a green card without having to leave the United States. It's very important that you work with an experienced immigration lawyer instead of attempting to do it yourself. Schedule a free case review to find out what your options are.
One of the great things about being married to a U.S. citizen or a permanent resident who's going to become a citizen soon is that you have a lot of advantages under the law that other immigrants don't have, especially as far as waivers.
The government recognizes that marriage is a special relationship and that U.S. citizens deserve all the advantages they can in their "pursuit of happiness".
When you need a waiver?
If you have grounds of inadmissibility, you can be barred from receiving a green card. Grounds of inadmissibility can be anything from a prior marriage not being resolved to criminal activity or health concerns. The most common though is being in the United States undocumented. However, there is a chance that you can file for a waiver to overcome that barrier.
What kind of waivers are available?
The most common types of waivers available for married or engaged couples are:
- Waivers for Unlawful Presence
- Waivers for Deportation
- Waivers for Fraud / Misrepresentation
- Waivers for Criminal History
In summary, a waiver for unlawful presence is required in cases where someone has been in the United States undocumented, whether that's because they came here illegally or stayed after their tourist visa expired or other scenarios. A waiver for deportation is necessary in cases where someone who was in the United States undocumented has previously been deported.
A waiver for fraud or misrepresentation is necessary in cases where an immigrant has previously lied on an application or to an immigration or customs officer. Waivers for criminal history can apply to some cases; it's important to talk to an immigration lawyer about any criminal history you might have because some crimes don't need a waiver, some do, and some you can't get a waiver for.
How to get a waiver
In order to get a waiver, you don't just submit a form. Of course, there are forms involved but that's a minor part of the process. Waiver are one of the hardest things to get in immigration law.
Two things must be proven in most waiver applications in order to have a good chance at getting an immigration waiver: that there is extreme hardship to the U.S. citizen (the spouse) and "favorable discretion". This means that you must prove that if the immigrant is deported and separated from the U.S. citizen, it will cause extreme hardship to that citizen. And to be granted favorable discretion, you must prove that the immigrant deserves to receive the waiver because they are a good person.
This means that you have to collect a lot of evidence and data and construct good legal arguments, neither of which is easy without an experienced immigration lawyer.
We've been through this many times.
If you have not heard our story about why we started Corado Immigration Law, we encourage you to read it and ask us about it. The pain of being separated from the people you love during an extremely stressful time because of bad legal advice is something we know all too well. Let us help you avoid that pain.