SAN DIEGO, Aug. 22, 2016 /PRNewswire/ -- Spouses, children, and parents of US citizens who are in the United States unlawfully can apply for a provisional waiver before leaving the U.S. and meeting with the consulate. This has been considered a windfall by many. The problem is when they do not disclose all of their previous 'mistakes'; they are then forced to fly to the Embassy, triggering a 3 or 10-year bar and of course the filing of an immigration wavier.
If they initially meet with a consulate and their immigration waiver (A waiver is where the immigration department, or CIS overlooks something that you have done in violation of the laws) is denied, they can face a 3 to 10-year bar from entering the United States. A provisional immigration waiver allows the potential immigrant to know in advance if his or her waiver would be approved as the inadmissibility grounds that keep the person out of the country take effect only when the person leaves the United States.
The problem most lawyers face, states Steven Riznyk, from San Diego Biz Law and Waiver-Strategy.com, is that clients often do not inform the lawyer of issues in their past, thinking that the CIS won't discover them. Regrettably, if there are issues other than the unlawful presence, a provisional waiver most likely won't be approved, and the person is forced to go to their Embassy with a regular waiver, risking being let into the country again.
As Steven Riznyk's law firm creates waivers for a number of lawyers in the United States, he sees this far too often. Once the person has to leave the country because they did not state something that happened in the past (such as a criminal event), not only do they require a waiver for the event, but also for the fact that they lied about it, making the case much harder to win.
The most common area of focus, states Mr. Riznyk, is one relating to drug or alcohol use, which can be considered a mental disorder, especially where it poses a threat to a person or property, the code section being §212(a)(1)(A)(iii). A person can be classified by a doctor as a Class A or B, depending on the levels; a class B is considered less of a threat, and someone in remission. A Class B condition would not render a person inadmissible. Normally, if a person has been caught with more than 30 grams of marijuana, or has dealt drugs, it is not likely a person will be admitted.
For further questions on immigration waivers, call (619) 677-5727 or from Canada 1-877-223-4684; the websites are http://www.waiver-strategy.com and http://www.myImmigrationAttorney.com, and you can email [email protected].
Contact: Amanda Berkshire
4225 Executive Square, Suite 600
La Jolla, CA 92037
SOURCE San Diego Biz Law