Appeal and Waiver

WAIVER

At Alexandre Law firm we believe that everyone should have a second chance. Unfortunately, under US immigration laws, this second chance is not always easily given. However, there are many waivers available for those who have committed immigration offenses, such as:

  • 212(h) waiver for those convicted of certain crimes
  • I-601 waiver for those that accrued unlawful presence in the United States
  • 212(a)(1)(H) waiver for those that committed visa fraud
  • 212(c) waiver for those convicted of an Aggravated Felony before 1996
  • I-212 waiver for those that have been ordered deported
  • A new provisional waiver which allows those who entered unlawfully and subsequently married a US Citizen to have their waivers adjudicated while in the United States.

Most waivers require that the petitioner demonstrate extreme hardship to a US Citizen or Legal Permanent Resident family member. The law says that the normal hardships associated with deportation are not enough to meet this standard. In other words, proving that the family members will miss each other is not enough.

The attorneys at Alexandre Law Firm will go through great lengths to ensure that you present your best case when requesting a hardship waiver. This involves several comprehensive meetings with clients to learn their story inside out and to present it in a way that meets the legal elements required for success. We apply the law to your facts through detailed memorandums to let the adjudicating officer know that tearing your family apart is not an option under the law.

Appeals

A loss in immigration court or a denial of a visa petition can be crushing. However, an appeal can often be requested, and for this, it is essential to have the support and assistance of an American attorney and U.S. law firm that is able to represent your case in the American federal court.

Many times, the appeal process for you will start with a motion to reopen. If you were deported in absentia (if for some reason you failed to show up for your hearing) or if you were a victim of ineffective assistance of counsel, this might be your only option to resolve your immigration case.

Below are some examples of when an appeal may be granted after a loss or denial:

  • Incorrect application of the law
  • abuse of discretion
  • Failure to state a legal reason for the denial
  • Failure to consider legitimate evidence submitted by the applicant
  • Ineffective Assistance of Counsel

Please remember that normally you only have 30 days from the denial to file an appeal. So, you must take action quickly.

Felipe Alexandre

Founder and Chief Attorney

If you have been the victim of an arbitrary denial or of incompetent or dishonest legal representation and suffered a devastating loss and consequently, you now need a Waiver or Appeal process for a decision, contact Alexandre Law Firm. We will be happy to represent your case to the US authorities.

FILL IN YOUR PERSONAL INFORMATION AND SCHEDULE A CONSULTATION RIGHT NOW, WE CAN PROVIDE IN-PERSON, PHONE, OR SKYPE CONSULTATIONS

In our initial legal consultation, we will listen to what you have to say and explain how we can help with our experience in U.S. immigration processes and benefits.