There are many instances when a person who is applying for immigration benefits will be denied the benefit. The USCIS will give a reason as to why the person is denied and will generally state that a waiver is needed for the individual to get approved. A waiver can be a difficult and time consuming process. There are a number of waiver types available to an applicant, however, not all waivers will be applicable to each individual.
For example, there is a waiver for extreme hardship to a U.S. citizen spouse or immediate relative. This waiver is extremely hard to get but can be a powerful tool and potentially life saving waiver. Before applying for a such a waiver I highly recommend that you speak with a qualified experienced attorney. Other waivers include conviction for a drug offense of less than 30g of marijuana for personal consumption and humanitarian waivers are two more of the possible waivers.
Each waiver is tailored for specific circumstances and can be complex. The waiver process can take as few as two months or as many as half a year. As with most things in the immigration process, it is a waiting game. You provide the necessary information to the immigration services and they will review your file and then respond to your application. If they need more information they will then request it.
However, in some instances waivers are never needed. This is because you fall within the requirements put forward by the immigration services, you do not have any valid reasons for a denial of entry, or the immigration services do not catch their mistake (don't count on this one get you into the U.S.). Most individuals will not need a visa, but if you have entered the US before and left then tried to enter or are here illegally a waiver is probably the only way you are going to be able to remain in the United States.
Wednesday, February 3, 2010
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