QUESTION

Can I get any waiver for a 10-year bar?

Asked on Aug 29th, 2012 on Immigration - Texas
More details to this question:
I entered USA at age 14, now I am 24. I have no crime and I was a great student in an American college. I have a US citizen wife with medical conditions. Do I have any hope?
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11 ANSWERS

Bruce A. Coane
Why do you need a waiver? Did you leave the USA? Why don't you apply for the new deferred action?
Answered on Jun 13th, 2013 at 12:27 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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Yes.
Answered on May 22nd, 2013 at 4:18 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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At this point, you might want to actually consider DACA" Dream Act - Deferred Action" As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.
Answered on Sep 11th, 2012 at 12:12 PM

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William C. Gosnell
Yes file an. I-130 ASAP
Answered on Sep 06th, 2012 at 4:09 PM

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The answer depends on how you entered the U.S., with a visa or illegally. If you were admitted on a visa and overstayed your admission, you wife can file an immigrant petition for you, and you can apply for adjustment of status (i.e. for a "green card"). If you entered the U.S. illegally, the situation is more complicated. Under the present law, you are not eligible to adjust status even if your wife files an immigrant petition for you and it gets approved. The only benefit that you appear to be eligible for is the deferred action under the executive policy recently enacted by President Obama: if your application is approved, you will receive an employment authorization card (and can apply for a Social Security number and driver's license). If you leave the U.S., you could apply for a waiver of inadmissibility, but it will involve living in your country for quite some time (from several months to 1.5 - 2 years), and there is no guarantee that the waiver will be granted. If Department of Homeland Security places you in removal proceedings, depending on your wife's medical condition and numerous other factors, Immigration Court might grant you cancellation of removal (meaning that, instead of being deported, you would get a green card). Strangely enough, it is the only process that might give you a lawful status in the U.S. (without your leaving the U.S.). However, it is very difficult, and you can end up being deported. Besides, you cannot apply for being placed in removal proceedings: DHS has to start them against you. It might not happen for years; it can happen any day. And you should be ready. Retain an immigration attorney who can analyze your case in details and help you select the best option - and who will be prepared to act when DHS discovers your presence in the U.S. and starts removal proceedings against you.
Answered on Sep 06th, 2012 at 4:09 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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Quite possibly. You should consult an experienced immigration attorney to discuss your case in detail, but it sounds like you're a good candidate for a hardship waiver.
Answered on Sep 06th, 2012 at 4:09 PM

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If you have no criminal record, you should qualify for Deferred Action. Your USC wife can also petition for you. You should meet with an immigration attorney.
Answered on Sep 03rd, 2012 at 5:12 PM

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Yes, sounds like you may have a good 601 hardship waiver case to waive the 10 year bar. This is not a simple process and you should consult with an immigration attorney so all relevant facts can be analyzed and competent advice given.
Answered on Sep 03rd, 2012 at 1:34 PM

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You would have to have your specific situation analyzed by an immigration attorney who specializes in waiver applications. You have to prove extreme hardship to a US citizen and that is not easy to do. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Sep 03rd, 2012 at 1:34 PM

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Business Attorney serving Dallas, TX
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Possibly. You would have to have the citizen spouse show an extreme hardship. The waiver would be discretionary, and it's not guaranteed.
Answered on Sep 03rd, 2012 at 1:33 PM

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Yes. Immigration is currently approving around 80% of all waiver applications. The waivers that I have seen denied are usually poorly put together or lack documentation.
Answered on Sep 03rd, 2012 at 1:32 PM

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