Hardship, Waivers Appeals & Motions

Hardship, Waivers Appeals & Motions

In life, mistakes are going to happen. Lapses of judgements are going to be made, even big ones. However, when you consider the immigration process, the mistakes that we make can be critical. An arrest or a violation of immigration status can end in deportation. This could mean permanent separation from family and the end of your American dream. However, there is something that you can do in regards to being found “inadmissible” to come or remain in the U.S. United States Citizenship and Immigration Services (USCIS) allows individuals to appeal denial decisions or file motions to reopen a case or reconsider their decision. The immigration attorneys at Florida Immigration Law Counsel can file the appropriate paperwork and make sure that your rights are defended.



USCIS finds immigrants inadmissible if they have been convicted of specific crimes, are in violation of their immigration status or have previously been deported. In each of these cases, the individual can apply to have an inadmissibility decision waived. Immigrants can pursue the following waivers:
I-601 Waiver: This waiver may be granted to individuals who would like to waive a USCIS inadmissibility ruling of immigration violations such as unlawful entry or presence in the U.S. or staying beyond the time frame of your visa. Certain crimes that lead to an inadmissibility ruling can apply to this waiver as well. It must be demonstrated that the removal of the individual would cause an “extreme hardship” to the individual’s spouse, family or relatives. Examples of extreme hardship include the poor health of applicant’s family member, the loss of educational opportunities for applicant’s children, and applicant’s financial situation. The spouse or unmarried children (under 21 years of age) of a U.S. citizen may apply for an I-601A waiver to overcome the same set of circumstances.I-212 Waiver: Foreign nationals who have been removed from the U.S. may apply for this waiver. It allows them to enter the U.S. before the end of their designated period out of the country. When reviewing an I-212 waiver, the USCIS considers an individual’s character, familial responsibilities, job status (is the job important to the U.S.), and the basis of the deportation, among many other items.



There are two types of motions that the Board of Immigration Appeals (BIA).Motion to Reopen: This is an official request to review a decision in an immigration case. In this motion, you will have the opportunity to present information, including new evidence that was not discovered when the case was initially presented.

Motion to Reconsider: This is an official request to challenge an initial ruling based on what is considered “alleged errors of fact or law”. In a Motion to Reconsider, an individual must show why the initial ruling was incorrect and, therefore, should be altered.

Motions to Reopen before the BIA are only allowed for 90 days from the date of decision, while Motions to Reconsider before the BIA are given 30 days.

When you work with the Immigration attorneys at FL-ILC, we will assess your case, file the proper waiver or motion and doggedly defend your right to be in the U.S. Contact us today at 1-800-666-4996.


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knowledgeable, patience and available!

Saman was referred to me 5 years ago by a family friend who had used her services and was happy with them. When I contacted her, even though she was not my attorney yet, she did not hesitate to talk to me about my case. Later, as my marriage-based case progressed and became more complicated, she was able to help us through each step successfully. Our case got approved thanks to her! Also, my parents were selected in the DV lottery but with the new immigration complications and the fact that my family comes from one of the countries on the banned list, we have been concerned. However, she has managed to help us through their case as well. We appreciate Saman’s knowledge of the system, her availability, and her patience. I feel comfortable texting her at any time to ask her questions when I don’t have the chance to call or write an email. She is on top of it and responds to all of my questions thoroughly and promptly. Would definitely recommend her! Even if you are not sure you need an attorney I would give her a call

Arvin - July 16, 2018

applying to green card

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Matt - July 3, 2018

Case approved!

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anonymous - June 28, 2018

The Modern Face of Immigration Law!

Having to request the services of an Immigration Lawyer is a daunting experience. Saman has the most reassuring attitude, which instantly put me at ease. She and her staff are diligent in planning the appropriate course of action and executing it without delay. She is approachable, warm, knowledgeable, direct and genuine. To me, she is the modern face of Immigration lawyers! If you are reading those reviews here, look no further. Contact her. She'll help you.

anonymous - June 15, 2018

Her professionalism is excellent

Her professionalism is excellent. She helped us through with patience and respect. Everything went smoothly. An important ally in an overwhelming process.

Angela - June 12, 2018

EB3 experience

Saman was very professional and thorough, she prepared me well for my interview and everything went smoothly.

Jimmy - June 10, 2018

Most Definitely Recommend!

I am extremely happy to have had Saman guide us through an immigration case. She was extremely helpful and dedicated to our case; and ultimately, delivered great results. Would definitely recommend!

Andrea - May 28, 2018

Saman is great!

My partner won the diversity visa lotery and We werent married at the time. My wife and I filled the forms and we made a mistake. Saman helped us to fix our mistake and updated our case with the US office. She was kind and efficient with us. Thank you for your help Saman!

Silverio - April 14, 2018

Excellent lawyer

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Franchescoli - April 14, 2018


Saman Movassaghi, Esq.

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Our knowledgeable, professional and compassionate attorneys have over 13 years of experience in all areas of U.S. immigration matters. We cater to both corporate clients and individuals with an emphasis on employment/investment and family adjustment related matters. We are here to help you with all your immigration needs because it is time for you to Live the American Dream!
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