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.