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When is a Waiver Necessary?

There are many reasons why a foreign national would need to secure a waiver before being allowed to apply for a visa or enter the U.S. legally:

• If you were deported or removed from the U.S.
• If you overstayed in the U.S. past your visa expiration and left the U.S.
• If you were charged with or convicted of a crime
• If you are convicted of robbery, theft, another "taking" offense or any other crime involving moral turpitude, you may be ineligible to enter the U.S. without a waiver. 

Types of Waivers

There are a number of different types of waivers. The type of waiver varies depending on the issue that needs to be waived and each waiver requires different proof. Here are some of the most common types of waivers:

• Waiver After Prior Removal:  An alien who has been removed from the U.S. and wishes to apply before the statutory timeframe must file for a waiver of the waiting period.
• Waiver of Unlawful Presence:  This waiver is available to those individuals applying for an immigrant visa. This bar is the result of having been in the U.S. in unlawful status for more than 180 days (three year bar) or more than a year (10 year bar). In order to qualify for this waiver, the alien is required to prove that he/she is the spouse or parent of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver. 
• Waiver for Crimes More than 15 Years Old:  This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that the criminal activity making his inadmissible happened more than 15 years ago, he/she would not be a threat to the safety or welfare of others, and the alien has been rehabilitated.
• Waiver of Crimes of Moral Turpitude: This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.
• Waiver of Possession of Marijuana:  This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.
• General Waiver for Nonimmigrants:  Nonimmigrants who fall into many of the categories on inadmissibility can apply for a waiver to visit the U.S. These waivers are discretionary and the alien must assert why he/she needs to come to the U.S. and why his/her visit will not be detrimental to the U.S.

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

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Naturalization is the way that a person not born in the United States voluntarily becomes a U.S. citizen. Are you thinking about applying for naturalization?

Before you apply, you must meet a few requirements. Depending on your situation, different requirements may apply to you.

General Eligibility Requirements

• Be at least 18 years old at the time you file Form N-400, Application for Naturalization.
• Be a permanent resident (have a “Green Card”) for at least 5 years.
• Demonstrate continuous residence in the United States for at least 5 years immediately before the date you file Form N-400.
• Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately before the date you file Form N-400.
• Show that you have lived for at least 3 months in the state or USCIS district where you apply. Students may apply for naturalization either where they go to school or where their family lives (if they are still financially dependent on their parents).
• Be a person of good moral character.
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution.
• Be able to read, write, and speak basic English.
• Have a basic understanding of U.S. history and government (civics).
• Take an oath of allegiance to the United States.

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

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If you or a member of your family has been scheduled for a deportation or removal hearing, your attorney will need to understand the most effective strategies to successfully fight removal. We understand that many immigrants to the United States don't have an option to return to their home country. We make sure that every piece of evidence and legal strategy is part of your removal defense. Unlike many immigration law firms, our attorneys have the experience and skills to handle the toughest deportation and removal appeals cases.

Deportation and removal takes place before an immigration judge in U.S. Immigration Court.

What is a Removal Proceeding?

Removal proceedings, whether based on inadmissibility or deportability, affect the ability of a person to remain in the United States. Deportation affects people who are already in the United States, either legally or illegally, by forcing them to leave. Grounds of inadmissibility, by contrast, prohibit a person from entering the United States in the first place.

Immigration violations, as well as criminal convictions, can result in deportation, ineligibility for relief from removal, and being barred from naturalization. Deportation and exclusion proceedings have been combined into a single proceeding called a "removal" proceeding.

There are six broad categories or grounds for deportation. They include:

• Entering the country without proper authority.
• Status violators who violate the terms of their admission or work without permission.
• Persons with a broad range of criminal convictions.
• Persons who are members of certain prohibited organizations.
• Certain people who become public charges within five years of entering the U.S.
• People whose asylum applications have been denied or referred to an Immigration Judge.

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

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Foreign citizens who want to live permanently in the United States must first obtain an immigrant visa. This is the first step to becoming a lawful permanent resident.

Immigrating to the United States is an important and complex decision. In this section, you will learn about who may immigrate to the United States, the different types of immigrant visas, the required forms, and the steps in the immigrant visa process. Because most immigrants receive visas in the family or employment based visa categories, they are a key focus of this section. To be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or a prospective employer, with a few exceptions, explained below. The sponsor begins the immigration process by filing a petition on the foreign citizen’s behalf with U.S. Citizenship and Immigration Services (USCIS).

Immigrating Based on Family

A U.S. citizen can file an immigrant visa petition for:

• Spouse
• Son or daughter
• Parent
• Brother or sister

A U.S. lawful permanent resident (that is, a green-card holder) can file an immigrant visa petition for:

• Spouse
• Unmarried son or daughter

Employment-Based Immigration

A U.S. employer can sponsor certain skilled workers who will be hired into permanent jobs. In some specialized fields, U.S. law allows prospective immigrants to sponsor themselves. In addition, U.S. law provides a number of special immigrant categories, as well as an immigrant investor program.

Other Immigrant Visa Categories

Many immigrants receive visas in the family or employment based visa categories; however there are other immigrant visa categories. A U.S. citizen can also petition for the immigration of a foreign fiancé(e) to be married in the United States, or an orphan adopted abroad/to be adopted in the United States. Several immigrant visa categories that cover special types of workers or special circumstances are established by U.S. laws. The United States also conducts an annual program for Diversity Visas.

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

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Immigration through a family member.

Immigration through a job.

Immigration through an investment (from 0.5 to 1 million US dollars)

Immigration through the "Diversity Lottery"

Immigration through the state of Refugee or Asylum

Immigration through provisions of "The Registry" of the "Immigration and Nationality Act"

Immigration approved by the director of "Central Intelligence"

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

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Citizenship of the United States is a status that entails specific rights, duties and benefits. Citizenship is understood as a "right to have rights" since it serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as the right to freedom of expression, vote, due process, live and work in the United States, and to receive federal assistance. However, not all U.S. citizens, such as those living in Puerto Rico, have the right to vote in national elections.

U.S. law permits multiple citizenship. A citizen of another country naturalized as a U.S. citizen may retain their previous citizenship, though they must renounce allegiance to the other country. A U.S. citizen retains U.S. citizenship when becoming the citizen of another country, should that country's laws allow it. Citizenship can be renounced by American citizens who also hold another citizenship via a formal procedure at a U.S. Embassy, and it can also be restored.

Benefits

Consular protection outside the United States

Increased ability to sponsor relatives living abroad

Ability to invest in U.S. real property without triggering FIRPTA.

Transmission of U.S. citizenship to children born abroad

Protection from deportation

Other benefits

The FY Law Firm, P.C. - Law Attorney Firm leaded by Frank Yeverino offering services in the following areas: CRIMINAL DEFENSE and INMIGRATION.

Immigration

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