Appeals and Waivers

Appeals

If your petition or application for immigration benefits has been wrongfully denied by United States Citizenship and Immigration Services (USCIS), our immigration attorneys can help you file the necessary appeals to the Administrative Appeals Office (AAO), or the Board of Immigration Appeals (BIA). Most appeals must be made within 30 days.

Your petition’s denial may be due to a technical error, or erroneous application of the law. If you feel that your denial was in error, contact our office for a case analysis. Be sure to bring copies of every document previously filed on your case. We will advise you on what your available options are and ensure that all future petitions are properly filled.

Waivers

U.S. immigration laws require applicants to meet certain requirements to be considered eligible, or “admissible”. When an applicant fails to meet these requirements, they are found to be ineligible, or “inadmissible”. An applicant can be deemed as inadmissible for one or many reasons:

• Convicted of disqualifying criminal offenses, misdemeanors in some instances.
• Prior deportation, removals, or border issues.
• Violated a conditions of prior immigration status, such as traveling outside of the U.S. for too long of a period or simply failing to update a change of address.
• Fraud and misrepresentation to gain entry to the U.S. or to obtain an immigration benefit.

Under certain qualifying circumstances, individuals who have been determined to be inadmissible can apply for a waiver. Eligibility for waivers varies, some depend on extreme hardship to oneself, others to family members in addition to other requirements.

Waiver applications are extremely difficult to prepare and hard to win even with a knowledgeable and experienced attorney at your side. This is because they require the presentation of multiple types of evidence and legal arguments, not merely letters from friends and family.

Our office has successfully obtained waivers for some of our clients, and if you think you or family members would benefit from a waiver, contact our office for a detailed case evaluation. We will advise you on your case’s success potential.