Los Angeles Consular Processing & Waivers

Waiver of grounds of inadmissibility

Immigration and Customs Enforcement (ICE) is tasked with the investigation and enforcement of immigration laws. If you have been detained by ICE — depending upon the facts surrounding your situation — you may be eligible for relief based upon a claim of:

• Asylum
• Battered spouse who is the victim of domestic violence
• Hardship to a U.S. citizen or legal permanent resident relative
• Timing and type of crime alleged
• Cuban nationality
• Cancellation of removal

Immediately seek immigration services in Los Angeles detention cases. You retain certain rights while you remain in the United States that you lose once you are removed from the country.

Hardship to U.S. citizen or legal permanent resident

You may qualify for a waiver if your removal or denial of admission would result in extreme hardship to your U.S. citizen or permanent resident spouse, parent or child. The threshold for the level of hardship is very high and the circumstances must be clearly and persuasively documented. Almost every case results in emotional hardship to the families of individuals facing deportation, yet this standard is not enough to receive a waiver. Examples of provable hardship situations include:

• Your relative suffers from a major medical condition and you are the primary caretaker
• You are the custodial parent and the other parent refuses to agree to the child’s relocation
• You care for aging or disabled parents
• You are the primary income-earner of relatives who could not financially support themselves

When the alien’s circumstances warrant a waiver

You can apply for a waiver in cases involving certain types of crimes that occurred more than 15 years prior to your application for a visa, admission or adjustment of status. To qualify, the Department of Homeland Security must determine that you are not a threat to the national welfare, safety and security of the country and that you have been rehabilitated. Most drug offenses and aggravated felonies are not eligible for a waiver regardless of when they occurred.

Right to adjust status in Los Angeles: consular waivers

Immigrants who entered the country illegally, but are otherwise eligible for permanent residency through marriage and the requisite waiver qualifications may find themselves in a catch-22. They risk not being permitted admission into the United States if they leave due to consular process, yet are ineligible to adjust status. Seek legal advice before leaving the country to avoid being barred from readmission.

Contact an immigration attorney in Los Angeles for a free consultation

Call 323-391-3932 or use the online contact form for assistance with your immigration case from a qualified lawyer near you.