Filing a Waiver for Alien Smuggling

Assisting others to unlawfully enter the United States of America is a ground of inadmissibility. Anyone who has engaged in or has been convicted of smuggling in foreign nationals might be deportable from or inadmissible to the U.S. Fortunately, a person who has engaged in alien smuggling might be eligible for a waiver of inadmissibility which may allow him or her to move forward with an application for an immigration benefit or even avoid deportation.

Do you Qualify for a Waiver of Alien Smuggling?

First, if a person is a lawful permanent resident or has applied for a family-based immigrant visa or fiancé visa; the waiver might be available. The waiver might not be available for student visa or visitor’s visa or even employment-based visa holders.

Secondly, the person could apply for a waiver if the individual helped one of his relatives like his parents, spouse or children enter the U.S. That person is not eligible to apply for a waiver if he or she helped smuggled someone who is not on the list of family members. Regarding spouses, an immigrant can still apply for a waiver even if the couple got divorce or separated after the smuggling took place.

Lastly, the person must demonstrate that he or she deserves the waiver, by proving humanitarian purposes, and extreme hardship if separated from his or her family. They would need to have a very convincing explanation that family unity is key in his current situation or because it is in the public interest. Meeting the requirements will be different for every case and will be dependent on circumstances. It is key to hire an immigration attorney who can provide guidance and help in preparing a very persuasive argument in the best interest of the waiver applicant.

How to Put Together Waiver Applications?

When filing a waiver, the applicant must complete and submit Form I-601, Application for Waiver of Grounds of Inadmissibility. Even though it is helpful retaining an immigration attorney it is also a good idea to look at the forms carefully and get acquainted with the different questions. This way the applicant can articulate all the necessary information for a strong case.

Additionally, the applicant must start with thinking about his or her individual situation and why he or she deserves a waiver. Also, the foreigner will need to show the U.S. Immigration and Citizenship Services (USCIS) that he or she is deserving of a waiver for humanitarian purposes, ensuring family reunification or because it is in the public interest.

Humanitarian Purposes

USCIS will normally grant a waiver on the grounds that the applicant shows that he or she will suffer a serious hardship if a denial is given. Some questions to consider asking when requesting a waiver are as follows:

  • Does the applicant or any family members of the applicant have serious medical conditions?
  • Is the applicant taking care of anyone physically or financially in the U.S?
  • Will the applicant face any danger or threat in his or her home country?
  • Did the applicant suffer any emotional, physical, or sexual abuse at any point in life?
  • Does the applicant have a stable job in the U.S?

The Unity of Family

Other grounds of granting a waiver are the reunification of family members. Are any of the following questions applicable to the applicant’s situation? If so, these questions might be able to solidify the applicant’s waiver based on family unity:

  • Does the applicant have a U.S. citizen spouse or minor children in the U.S?
  • Are there any other U.S. citizens or permanent resident relatives in the U.S?
  • Is the foreign national the caregiver of any family members in the U.S?
  • Are the applicant’s children enrolled in school and are they performing well in School?
  • Are most of the applicant’s family members in the U.S?

The Public Interest

Ultimately, an individual may file a waiver application if he or she can show that it is in the public interest that the person stays in the U.S. Consider the following question to decide whether if this could be a basis for a waiver:

  • Has the person applying volunteered or been actively involved in the community in the U.S?
  • How long has the applicant lived in the U.S (the longer, the more community and social ties it will be believed to have made)?
  • Does the applicant have a clean criminal record?
  • Are others dependent on that foreign national?
  • Does the individual own a business that provides employment to others in the U.S?

Consult with an Immigration Attorney

Regardless of the situation it is important to contact an immigration lawyer when submitting a waiver application this way a compelling case can be prepared. Call Gambacorta Law Office today at 847 433 9303 for legal advice and instructions on how to prepare a waiver application.