We are sad to hear that, after a lengthy visa application process, you were ultimately denied entry into the United States. Or, what’s worse, after returning to your home country to apply for a green card, you get word that you now have a lengthy ban from reentering the country. In either case, you may be refused access to your U.S. relative, to whom you want nothing more than to live close by. Well, you may fight this far-than-ideal decision made by the United States Citizenship and Immigration Services (USCIS) through a waiver. Continue reading to learn whether you have grounds to claim extreme hardship in your waiver of inadmissibility and how one of the experienced Lancaster County immigration waiver lawyers at Lupton Law LLC can help you fight for you and your U.S. relative to reunited in the country legally.
Why might the USCIS deem me inadmissible to the country?
First things first, you must fully comprehend why the USCIS deemed you inadmissible to the country in the first place. Well, if you currently reside outside the United States, below are the most common reasons as to why you might have been denied entry:
- You may have been denied entry due to immigration violations:
- You entered the country without being legally admitted or paroled.
- You had an unlawful presence in the country for one year or longer.
- You may have been denied entry due to national security concerns:
- You were affiliated with recognized terrorist groups by the U.S. government.
- You engaged in activities aimed at overthrowing the U.S. government.
- You may have been denied entry due to criminal activity:
- You have committed a crime or moral turpitude.
- You have been found guilty of multiple criminal convictions.
- You may have been denied entry due to health concerns:
- You have a diagnosed communicable disease.
- You have a diagnosed mental disorder that poses a risk of harm.
How can I claim extreme hardship to waive my inadmissibility?
No matter the USCIS’s exact reasoning for rejecting your initial visa or green card application, you may have the right to file Form I-160A, Application for Provisional Unlawful Presence Waiver. Importantly, within this waiver, you may claim an extreme hardship. Specifically, your U.S. relative would experience an extreme hardship if you are not admitted into the country. For this to possibly work, this hardship must fall onto your relative and not necessarily yourself.
For example, your relative may supplement this form with a personal statement detailing how they are experiencing serious health complications and counting on you to volunteer your care services. Further, they may emphasize how they do not have the financial means to hire third-party, at-home healthcare services. On top of this, they may primarily rely on you for financial support, which you may best provide to them if you reside in the same country.
It is worth mentioning that your relative must equally argue how being forced to stay with you in your home country, rather than the other way around, would cause them extreme hardship. Sticking to the same example, they may claim that their serious health complications hinder their travel abroad. Specifically, your home country may not even have the proper medical technology and services available to adequately treat their condition.
In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact one of the skilled Lancaster County immigration waiver lawyers from Lupton Law LLC today.
