A denial of an immigration visa or deportation can put a damper on your plans and can increase further hardships. If you have been denied immigration, it is important to have a clear understanding of the reasons why you have been denied and the factors for the denial. Further, looking at the evidence that the United States has submitted with the denial can help you come up with a plan to appeal the denial and further apply for an immigration hardship to increase your chances of entry.
Reasons for Denials
There could have been many reasons why the United States has denied immigration to include health concerns such as lack of immunizations, dangerous physical or mental disorders as well as drug addictions. If you have previously been accused of crimes in order countries to include drug trafficking, sex crimes, money laundering, or violent crimes, and have been incarcerated, this will continue to prevent entry. If you have committed fraud or misrepresentation during the via process or have illegally entered into the United States on previous occasions could be reasons for denials.
Obtaining a Waiver
In the United States, there is something called a hardship waiver that is used to look past the obstacles the individual getting the visa is experiencing. The decisions are made on a case by case basis and are in accordance with the United States Citizenship and Immigration Services. This waiver is something that is completed outside the United States and the individual is already in their home country. Some examples of extreme hardship can include needing assistance with health issues such as having a physical or mental condition, financial issues such as a significant loss of income reducing in a decline in the standard of living, education and losing the opportunity to seek higher education, separation of spouse or children and fears of prosecution or physical harm.
Another waiver exists for the same reasons called the I-601A waiver if the relative is still within the United States. The process for this is the same but the cost is $715. The individual can stay in the United States while waiting on a decision. The USA approves about 79.6% of applications.
It is important to understand that you must demonstrate a hardship which means if the person was not with you, it would be much worse than one would be ordinarily expected from family separation. An example of this would be a primary caretaker being the only one working, providing financial support to the family is crucial and considered an extreme hardship, especially if the relative cannot obtain gainful employment. These waivers will result in a hardship evaluation such as a medical evaluation, psychological test, or interview.
Process of Obtaining a Waiver
However, the process of obtaining legal status is to start by filling out the USCIS form I-601 which is the Application for Waiver of Grounds of Inadmissibility. Once this form is completed, it can be mailed to the USCIS Texas location. A filing fee of $930 must be paid via money order, personal check, or cashier’s check and ensure all the evidence is included with the application. Obtaining a hardship evaluation can assist with the process. Is best to work with an immigration attorney as it can take from 4 to 6 months to get a decision.