YOUR PARTNER for IMMIGRATION SUCCESS
In more than a decade of practicing law (I was admitted to practice law in 1998), I have honed my skills in immigration law enabling me to help hundreds of families live legally in the United States. My clients are from all over the world and come from many of the fifty states, since immigration law is federal law and therefore not confined to an individual state. I have spoken at conferences to share my ideas and expertise, including “The National Summit on Employment Law and Compliance,” and at the HRStar 2009 conference in Los Angeles.
But my most important experiences are those involving communication and strategies that unlock the door of peace of mind and security for my clients. This happens whenever families are re-united with valid immigration status so that past fears of negative consequences with immigration authorities are ended for good.
What Does an Attorney Do in Preparation of the I-601 Waivers Application Package?
In cases of unlawful presence (entering the United States with or without a visa and overstaying beyond 180 days), the first and most important step I will assess is whether an I-601 waiver is worth pursuing. This will be based on combining my knowledge and experience with the individual’s and family’s unique circumstances.
Next, I will determine which arguments are strongest, and what kind of documentation my clients may be asked to provide in support of their waiver of inadmissibility. I will sometimes perform background research, including finding current details about the applicant’s home country conditions. My assistance will include attention to the quality and quantity of documentation. In particular, together we will draft the affidavit of hardship, a necessary statement submitted by the qualifying relative. We will also draft a brief to organize the arguments and evidence in a clear and convincing way to show that your application is worthy of approval.
In summary, our goal is to put together an application package that will favorably impress the immigration officer who will review and make a decision regarding your case. It is a clear well-organized, professionally fashioned waiver application that can make the difference between approval or denial.
Are there Risks to Entering the Waiver Process?
For those who entered the US without inspection (now seeking a waiver of inadmissibility due to “unlawful presence”), in order to file, the applicant would have to leave the United States.
This can create a greater problem, since if the waiver is not approved, then the applicant is banned for years, depending upon how long they had lived in the US in an undocumented status. Hopefully, the new proposed provisional waiver which may be issued before leaving to apply outside the US will become the new rule (we hope that the provisional waiver process will go into effect in the first half of the year in 2013). For now, the undocumented relative must weigh the problems associated with being here illegally (inability to get a driver’s license, possible employment discrimination, and worse) versus the voluntarily entering the waiver process and leaving the country to pursue legal standing.
Again, here is where a qualified, experienced immigration attorney can add insight and facts about the law which can help anyone considering the I-601 waiver process to make a well informed decision.