Appeals and Waivers

Appeals and Waivers 2018-01-19T19:29:53+00:00

APPEALS

Petitions for visas, waivers, and citizenship are applied throughout the United States Citizenship and Immigration Services (USCIS), and denials initially come from the USCIS as well. Your petition’s denial may be due to a technical error, or you may not qualify for the petition you filed. Typically, you will be notified of the reason for your petition’s denial and how to file an appeal.

If your petition for a visa has been denied by the United States Citizenship and Immigration Services (USCIS), our immigration attorneys can help you file the necessary appeals to the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), or the 9th Circuit Court of Appeals.

It is important to act quickly following a denial, as most appeals must be made within 30 days. Under certain circumstances, you may qualify for a motion to reopen if the deadline for your appeal has passed.

If you feel that your denial was in error or would like to see if you qualify to apply for an appeal after the deadline, then contact our office for a free case analysis. Be sure to bring all of your case documents with you to your consultation. We will advise you on what your available options are and ensure that all future petitions are properly filled out and filed correctly – and on time.  

WAIVERS

U.S. immigration laws require applicants to meet certain requirements in order to be considered eligible, or “admissible”. When an applicant fails to meet these requirements, they are found to be ineligible, or “inadmissible”. An applicant can be labeled as inadmissible if they are found to have been:

  • Convicted of a felony or other crimes relating to drugs or children – even just misdemeanor offenses.
  • Has been previously deported or removed from the U.S.
  • Violated a condition of their immigration status, such as traveling outside of the U.S. for too long of a period or failing to update a change of address.

Under certain qualifying circumstances, individuals who have been determined to be inadmissible, can apply for a waiver. A waiver to overlook their disqualifying condition so that they become eligible for applying for a visa or residency status. In most instances, in order to apply for a waiver, the individual must be able to prove an extreme hardship of family members, and that they are key to their family’s sustainability.

Waiver applications are extremely difficult to win, even with a knowledgeable and experienced attorney at your side, because they require the presentation of evidence and legal arguments; however, your odds are likely improved if you do have one.

Our office has successfully obtained waivers for some of our clients, and if you think you or a member of your family would qualify for a waiver, contact our office for a free case evaluation. We will review your case and honestly advise you on your case’s success rate.