Legally Speaking: Top 10 Questions regarding Waivers under INA and there Answers
Author: New York Immigration Lawyer Alena Shautsova
Legally Speaking: Top 10 Questions regarding Waivers under INA and there Answers
- Q: There is no one single waiver that will solve my inadmissibility’s, can I “stack” waivers as a solution to my inadmissibility?
A: That is a great question, in most cases, yes you will be able to stack your waivers. The waivers can and should be granted simultaneously. There are however a few exceptions to the stacking of waivers.
- When you are not “otherwise admissible” at the time of your entry, having been previously deported.
- When you were never charged with deportability/inadmissibility due to fraudulent marriage that was the basis for your lawful permanent resident status.
2. Q: After we apply for a waiver will I be eligible for Employment Authorization before it is granted?
A: No. The waiver application itself does not provide for an opportunity to file for a waiver.
3. Q: Is it possible to appeal or refile a waiver?
A: Yes. In most cases it is possible to appeal or file a motion to reopen/reconsider. In certain cases there is no appeal , but it is possible to refile.
4. Q: I showed an Extreme hardship when submitting my waiver, why was I denied for lack of evidence?
A: In almost all situations, a waiver application is being analyzed first from the point of view of statutory eligibility, and then as matter of discretion. Also, it is USCIS who determines if there was enough evidence to demonstrate hardship.
5. Q: I have been living in the US “under the radar” since I have been here, how can I prove that I have been here the whole time?
A: It is applicant’s burden to establish physical presence in the U.S. Possible evidence may include photos, social media updates, trip receipts, records of rent payments, medical records.
6. Q: How much documentation is needed to show an Extreme hardship?
A: There is no set limit.
7. Q: I don’t think I submitted enough evidence in my waiver submission, is it possible to add additional evidence?
A: Yes, before the decision is made, it is possible if you have a receipt number.
8. Q: Why should I use an attorney to file my case when the instructions are right on the USCIS website?
A: An attorney can help to present the case and evidence in the most favorable light; also a good submission should be accompanied with the points of law that correspond to the published precedents and cases, which a person who is not practicing law will have a very hard time doing.
9. Q: Why do you charge so much money for waivers opposed to other attorneys?
A: A good submission involves at least 40 hours of work which includes forms, affidavits, letters of support, consultations on different aspects, meetings with clients, memorandum of law, etc.
10. Q: What makes you so successful when it comes to waivers?
A: First, it is time we spend talking to our clients and learning about their lives. Second, it is ability to make clients comfortable so that they will share all aspects of their lives and ability to explain to a third party why an applicant has a compelling story and deserves the pardon.