What Is a Re-Entry Ban?
Immigration laws regulate how a non-citizen of the United States can qualify for a visa, become a citizen, or be deported. An immigrant living in the country illegally for more than one year may become a legal resident after leaving the U.S. and serving a reentry ban. The reentry ban is approximately 10 years. However, an individual who successfully claims hardship can avoid deportation.
What is an Immigration Extreme Hardship Waiver?
The U.S. Citizenship and Immigration Services, or USCIS, allows an individual to file a 601 waiver to avoid the reentry ban. The form is referred to as a waiver of grounds of inadmissibility. It’s based on extreme hardship caused for the person’s immediate family members.
What does “Inadmissible” mean in Immigration Law?
When a non-citizen is considered “inadmissible,” she doesn’t have legal status and has lived in the country for more than one year. Once considered inadmissible, she can’t:
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Adjust her immigration status
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Enter the U.S.
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Obtain a visa
The individual can be deported at any time.
Does Having Children Born in the U.S. Meet the Waiver Requirements?
No. Having children born in the U.S. doesn’t usually meet waiver eligibility requirements. However, having children born in the U.S. may be a factor in the final decision.
What are the Types of Eligibility Waiver are Available?
The USCIS has four levels, or categories, in which an individual may qualify for a waiver:
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Level 1: Relative has a medical issues such as a brain tumor and can’t travel abroad. This requires the non-citizen to remain in the U.S. to provide care.
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Level 2: Relative has a serious medical problem that makes leaving the country difficult and needs non-citizen needs help.
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Level 3: Relative has a significant medical problem which makes it difficult to leave the country.
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Level 4: Relative wouldn’t be able to pay any debts after leaving the country.
Do I need a Lawyer for a Hardship Waiver?
Yes, contact an immigration attorney for more information regarding a hardship waiver.
