3 questions you should ask your immigration attorney about marriage based green cards
- How do I overcome the burden of proof?
- Do you meet the affidavit of support (I864) requirements?
- Do I have appropriate Joint Documents?
Related Information on Green Cards
- Green Card interview tips – changes with the Trump Administration
- Family petitions and less known Green Card Loopholes
- Green Card by Marriage » Green Card Marriage Interview
- The Marriage Based Green Card Process in Sacramento California
- Green Card Renewal When You Are Married or Divorced (Form I-751)
- 5 Mistakes to Avoid at Your Marriage Green Card Interview
- 3 Very Important Questions When Applying for Marriage Based Green Cards
- Employment Based Green Cards
- Green Card Through Marriage
Top Five Reasons Hardship Waivers Are Denied
At Ranchod Law we file countless hardship waivers on behalf of our clients, including:
- exceptional hardship waivers for J visa holders
- extreme and unusual hardship waivers for clients with criminal histories
- immigration fraud
- illegal entries into the U.S.
We are proud of our proven track record of success.
Many of our clients come to us after having already received a waiver denial on their own and in our experience these are the top five reasons those clients received a denial previously:
- Poorly prepared statements by the applicant and his or her family
Your statement is your opportunity to explain to the immigration officer why you deserve a waiver. A statement that doesn’t delve deeply enough into the details or that says the wrong things can be extremely prejudicial to your case. Likewise, the statements of your family members are critical to supporting your case. You need an experienced immigration attorney to read your statements and advise you of which areas need to be expanded.
- Not enough supporting paperwork
Your statement and your family members’ statements will not be enough in and of themselves to warrant an approval. Every single fact in the statements needs to be supported with proof! If you discuss a medical condition you need proof of the condition, if you discuss finances you need proof of income and expenses, if you discuss education you need copies of certificates and grades, etc.
- No history or follow up care for medical and mental health paperwork
If your medical or mental health paperwork is limited to the time period just before your application for a waiver your application will be viewed with a suspicious eye. For example, if you have a doctor’s note dated just before your application diagnosing your qualifying family member with asthma or a gastrointestinal issue on the eve of filing your application, immigration might be distrustful, immigration might think this was made up just for your application. On the other hand if you obtain a doctor’s note or medical records showing your family member has been receiving treatment for a long period of time this makes the paperwork more credible. The same goes for letters from psychiatrists, psychologists, and other therapists. A letter indicating a history of depression and treatment will be more valuable than one obtained on the fly just for the purpose of your application.
- No legal arguments in your favor
Very rarely will a case speak for itself. An experienced hardship waiver immigration attorney can prepare a written legal argument on your behalf highlighting the strengths of your case and explaining how your case meets the standards imposed by the law. Your attorney should organize your documents and provide you with advise on which documents are necessary vs. which documentation is unnecessary for your case. Providing the appropriate documentation can make or break your case. Immigration officers are very busy, they will not take the time to sort through and thoroughly review each paper in your case, it is your attorney’s job to make it easy for the officer to approve your case.
- Inexperienced legal help
The final most common reason we have seen clients come to our office with denials of hardship waivers is because they didn’t receive sound legal help with their waiver the first time around. It is not a coincidence that our clients get denials with other attorneys and approvals with us. We know how to prepare cases that highlight your hardship utilizing our legal arguments and your unique story. In addition to the preliminary required paperwork we have experience gathering additional supporting paperwork, asking clients just the right details to expand in their statements, and compiling well written legal briefs which really magnify the strength of your case. Please contact our Sacramento, San Francisco and Santa Clara offices at (916) 613-3553 to discuss your prospects honestly and confidentially.
1. Why do I need a waiver?
Three common reasons for needing a waiver are:
- having a criminal conviction;
- entering the U.S. illegally
- having committed immigration fraud in the past.
There are many other situations requiring the use of a waiver and it is always best to consult with one of our offices regarding your particular needs and concerns.
2. How do I know if I need a waiver?
It is very important to be honest and forthcoming with your attorney. Many potential problems can be addressed by being proactive. For example, if you had an encounter with law enforcement previously, we can request a waiver at the same time you apply for your greencard instead of waiting for a specific request from Immigration or worse, a denial.
3. What type of waiver do I need?
The type of waiver you require depends on your particular circumstances. The waiver for an individual who had a run in with the law, for example, is different from the waiver for someone who entered illegally. At Ranchod Law we have the experience and knowledge to counsel you in all of your immigration needs.
4. Do I need to fill out any forms?
Each waiver process requires an array of forms. It will be our pleasure to correctly fill out all of the forms on your behalf.
5. What information do I need to provide?
We will ask you for all of the information we need in order to completely prepare your waiver case. In addition to the general biographic information (name, date of birth, etc.) we need to learn everything we can about your specific personal circumstances in order to build a strong and detailed case. We have the experience to deal with even the most sensitive personal information.
6. What papers do I need?
We will guide you in order to obtain all of the papers possible to prove your case. Each case has specific circumstances which need to be documented and after we meet with you and learn of your specific situation we can help you build the best case possible.
7. When should I start?
Contact our Sacramento or our San Francisco offices right away. If you are illegal in the U.S. with every passing day you will risk being placed in removal (deportation) proceedings. Also, you will feel tremendous relief to have your immigration status stabilized.
8. How long does the process take?
It is time consuming on our part to build the strongest case possible on your behalf. We have to gather all of the necessary papers and research on your behalf. We also need to write a brief, a detailed written legal argument, to support your waiver. That being said, we can work expeditiously and efficiently to meet your specific needs.
After presenting your case, the immigration processing times vary depending on the type of waiver. Please contact either our Sacramento or our San Francisco offices to discuss your specific waiver needs.
9. How much does a waiver cost?
We charge a flat fee depending on the complexity of your waiver. We can work out a payment plan to fit your needs.
Additionally, there is an immigration filing fee which varies depending on the type of waiver.
10. Can my family benefit too?
Each individual requiring a waiver will need their own. However, by getting your own waiver approved and legalizing your status you may be able to help your family.
Contact our offices now
We are conveniently located in Sacramento and San Francisco. We encourage you to contact us to discuss your particular immigration needs. Call now or fill in the form and we will be in touch.