Serving Palm Springs, CA
Immigration Waiver Attorney
Immigration Waiver Attorney Serving The Greater Palm Springs Area
ACT NOW – USCIS begins to Allow Additional Applicants for Provisional Waiver Process
New Waiver Rule to Extend Process to All Individuals Who Are Statutorily Eligible for the Waiver
WASHINGTON— On July 29, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas.
The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members.
What are the changes from the previous rule?
This new waiver rule expands on the previous 2013 regulations to better support family unity. This is where you – as the client – benefit from the new regulations. The two major changes in the new waiver rule are:
- You can now apply if you have an approved family-based or employment-based immigrant petitions;
- Legal permanent resident spouses or parents are now included as qualifying relatives for purposes of establishing extreme hardship.
The new regulations expand eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility.
When can I apply under the new rule?
The rule goes into effect on Aug. 29, 2016.
Commonwealth is now processing Waiver cases under the new proposed rule. Call us now for a Free Consultation to inquire if you qualify.
Immigration Waiver Attorney Serving The Greater Palm Springs Area
Why choose our office to process your Waiver?
It is important that you retain the services of a qualified and experienced immigration attorney to assist you in the difficult and complex process of filing for a waiver. This is not the type of immigration case that an applicant should attempt on their own as the standards to grant a waiver are extremely complex and difficult to surpass without an attorney. Most people are also told that this is just an application and you only need to write a declaration. This is a big mistake and far from the truth.
What separates our firm from the rest is that our staff processes immigration waivers every single day. We have been successful because processing waivers is a major part of our law practice, and we are dedicated to uniting families. We are always up-to-date with the latest waiver methods and case law to ensure that your rights are protected.
At Commonwealth Law Group - Immigration Attorneys, each case is meticulously prepared with precision and attention to detail. This is what separates our firm from the rest. Our immigration waivers have been approved because:
- We take the time to interview each aspect of your life and the family members
- We research each aspect of case law that will assist you
- We work with you in every detail of your story to prepare your statements
- We surround your case with studies, statistics, and experts to support your hardship.
At Commonwealth Law Group - Immigration Attorneys, we take each case personally, as if we are processing a case for one of our family members. This is the culture that has been instilled in our firm. We truly understand that this granting of this waiver truly affects your livelihood.
How do I know if I need a waiver?
First, one needs to know if they even require a waiver. A waiver is necessary before immigration allows you to apply for residency if:
- The person entered the country illegally or remained in the U.S. after your visa has expired
- The person was convicted of a serious crime
- The person was deported from the United States in the past
Second, you need to analyze what type of waiver applies to you. In our experience, most people have come to our office after they have filed the wrong type of document, and their case has been denied. The following are the types of waivers and who they apply to:
1. I-212 Deportation Waiver
A prior deportation order may make a person ineligible to apply for residency in the U.S.A deportation waiver is necessary to waive the prior deportation to allow for successful approval of residency.
2. 1-601 Hardship Waiver
This waiver is available to those individuals applying for an U.S. Permanent Residency, but are barred in most cases because of illegal entry or were convicted of certain crimes.
2a. Waivers for entered the U.S. Illegally or Overstaying and on an Expired visa
The applicant in this case entered the country illegally or without inspection. A person in this case would require a waiver if they have overstayed for over 180 days, which is in most cases a "3-year bar" from the U.S. If the person overstayed for more than one year, then in most cases this is an automatic "10-year bar."
2b. Waivers for Crimes Involving Moral Turpitude
In order to qualify for this waiver, the applicant is required to prove "extreme hardship" to a U.S. Citizen or Permanent resident spouse, child or parent. This waiver does not apply to those who are convicted of an aggravated felony or a served one year or more in prison.
2c. Waivers for Crimes that Occurred more than 15 years ago
In order to qualify for this waiver, the applicant is required to prove that they would not be a threat to the safety or welfare of others, and the person has been rehabilitated. The applicant is required to prove "extreme hardship" to a U.S. Citizen or Permanent resident spouse, child or parent. This waiver does not apply to those who are convicted of an aggravated felony or a served one year or more in prison.
How do I qualify for an immigration waiver?
In its simplest terms, a waiver is based on extreme hardship to an immediate family member that is a United States citizen or lawful permanent resident. The individuals can be:
You can process your waiver without leaving the U.S
Most people do not understand this, but you can have your waiver processed before you leave the country. We have encountered numerous persons who have been sent by their "notario' or inexperienced office in order to attend the visa appointment in their home country. However, without a pre-approval of the waiver, they faced 5-10 year automatic bars from re-entering the U.S.
Pursuant to USCIS, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States.
The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
If you want an experienced immigration attorney who dedicates every day to processing immigration waivers, come to our firm today. Our staff is eager to assist you, so call Commonwealth Law Group - Immigration Attorneys to set up your initial consultation.
reviews
- If you have talked to other Immigration Attorneys Local and out of town I highly recommend you talk To Attorney Joe Luna Before you hire anyone else you will not regret it After years and money spent with no positive results Joe got me My rightful Benefit of being a US Citizen by son of Us citizen after over 20 yrs of other attorneys taking my money and not getting any results Joe saw the same paperwork I took to other attorneys and in less than 6 months I was at at Immigration office being Sworn in as a US Citizen don’t deny yourself of the best legal representation Give Joe Luna a call beyond thankful for what he did for me and my Family....- Carlos valdez. 1/29/2020
- A year ago, my wife and I went to Commonwealth Law Group to seek out the assistance of Joe Luna in order to adjust status here in the US. Hand on my heart, there was no one better for the job. My wife and and I are so grateful to him and his team at Commonwealth. From the beginning, he was patient and understanding, answering all our questions and meeting with us frequently. We felt like he always put us first and is very diligent. Joe is very knowledgeable when it comes to immigration issues. Believe me, he's the guy you want on your team. We will definitely go back to him when it comes to removing conditions on our green card.- P&I Case. 1/7/2020
- This law firm is efficient and responsible always provide the best service and care for their customers. Always look for the solution to the problem you have. I say this from experience, when they denied me the procedures of my residence, they quickly acted in resolving my case and why I had been denied. Especially Mr. Luna sought the quickest and most effective solution for this to be solved and we had an answer as soon as possible. Thanks to him Mr. Luna my case was resolved satisfactorily I recommend them.- Brian Vazquez. 5/13/2019
- I recommend Joe Luna he’s the best lawyer!! In my case that I had before him I had 2 other lawyers and they never helped me and they would just give me a hard time until I found Joe Luna. He always told me to have trust in him and he would resolve my case without any problem and in about 5 months I got my green card and got accepted. Thank you for everything Sir Luna for being honest and professional. God bless you and your family for being a human being with a great heart and a great lawyer.- angel g torres. 4/30/2019
- We highly recommend Mr. Luna's service. We are happy with Mr. Luna's professional service and dedication. He was very responsive and fast. He is knowledgeable, trustworthy and an experienced lawyer. It was nice to have him as our lawyer from the beginning of the application until the interview process. Mr. Luna's interview preparation was very helpful and his presence during the final interview was professional as a lawyer and comforting as a person. He made us feel confident and secure. Thank you for your service and best wishes for your future clients.- Sokono Soko. 4/14/2019
- Joe Luna personally got my family through a tough citizenship application process successfully. My family and I are very fortunate to be where we are because of all his hard professional work. I highly recommend him and his team for all your immigration needs. If there’s a way he’ll find it. Thanks Joe. Jorge and José Santos- Jorge Santos. 5/5/2018
- Very thankful with Mr. Luna, helped me and my wife obtain our greencards in a very professional way and timely manner. Absolutely great full with him and his whole team, amazing people to work with, akways there to help and treat you like part of their family. They treat your case as if their own personal case and very proffesional in every sence of the word. WILL ALWAYS RECOMMEND TO ANYONE AND HAPILY USE HIM IF NEED BE IN THE FUTURE ONCE AGAIN!!- Jorge Gonzalez. 2/14/2018
- My husband had a very unique case. It was taking forever. Atty Luna was very helpful and patient with us during the process. We we not happy with the first attorney and were thrilled when Atty. Luna took over. He explained everything and made sure that we understood what was happening. Thanks to his help my husband's green card was reinstated and we are awaiting his citizenship approval.- H M. 1/17/2018
- My first consultation with the immigration attorney was free. He and his assistant spent close to an hour with my husband and me, explaining the process involved in completing the requirements for permanent residency status as a Native American born in Canada. Where to begin, what to do, what not to do. What they will do, how long it will take and what it will cost. I feel confident that Mr. Shaeffer will handle every detail of my case competently and wisely. He has more than expertise in his field, he is also charismatic and likable. I would not hesitate to recommend him to a friend.- Cynthia Bennett. 0/16/2013
- After several years trying to get our ducks in order for a greencard and not having much success, we were recommended by a friend to try Commonwealth Law Group. As they were conveniently located in Rancho Mirage, we wasted no time in setting up interviews...etc We were pleased that they actually offered us two different ways we could go about getting the permanent residency. One short year later we received our cards in the mail. Thanks to Comonwealth Law Group and its team in Rancho Mirage for affording us the opportunity to get our residency. Their initiative, enthusiasm, knowledge of the system and great work were the key factors in our success. RRV- Raoul Vanier. 11/10/2012
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