Waiver for inadmissability

[Augustsum]

Hello Everyone,

Let's assume that a person who is inadmissable into USA because she has been living here illegally for about twenty years still wants to apply to become a permanent legal resident.

Let's also assume that all petition papers have been filed. What types of waivers are available to cover this "illegal" period of time? I heard about economic waiver. Should a waiver be filed after she gets an interview with an officer?

Please expalin the types of waivers available and what to do...Thank you.

[aneri]

Augustsum, it is important to know who would petition that person for residence and how that person enetered the US (with visa or not).

[Augustsum]

The immigration lawyer has filed a petition for her. She is applying on her own behalf.

Came here on B-2 visa as a temporarily visitor and did not want to come back.

Some kind of waiver is needed because she is inadmissable....

[aneri]

hm hm..I have never heard about applying for residence without having a petitioner (a family member or employer, or based on asylum). Can you give more details?

[Augustsum]

If she is applying on her own behalf, it means that she seeks asylum, right?
Whenever somebody comes here on B-2 visa and has no employer, no family member, and no US citizen spouse to petition on his behalf, this person can only seek asylum to become a legal permanent resident.

In this situation, I would assume that no waiver is available to cover the "illegal" period of living in USA, right?

What about if it was an employer based petition or family based petition, what waivers are available? and when should they be filed? I assume right after the interview with immigration officer when he ir she finds her to be inadmissable....

[Houston]

If the petition is for an immediate relative of a U.S. citizen, the overstay is irrelevant and no waiver is required.
However, what about cancelation of removal? That could be an option (dangerous one but viable) that requires no waiver if the person has good moral character and is otherwise admissible. The person seems to meet the physical presence requirement for non-LPR. How old was this "person" when admitted to the U.S.?
If you're considering C.O.R. please make sure you discuss the issue with an attorney first, this is an extremely delicate situation and you must obtain all the LEGAL help you can get. This is NOT legal advice.

[Augustsum]

She is probably in her fifties now. Thus, she was in her thirties when she came on B-2. I do not really think it is relevant. As I understand cancellation of removal is filed when there is actually a removal proceeding against her. If we assume that it will be, then it will likely to be filed.

For now, I am just wondering about waivers to cover the illlegal period of stay and types of available ways to be naturalized. I am aware of family based and employer based sponsorship.
It is interesting, and I will check myself about immediate relative situation.

[LieMaster]

ANOTHER ****STER WANTS AMNESTY !!!

[aneri]

Augustsum: applying for asylum does not mean one is applying for permanent resident status. After one is granted asylum, that person has asylee status and can indefinitely remain in the US as asylee, unless she/he applys for permanent residence after one year of being asylee.

"Can I Still Apply For Asylum Even If I Am Illegally in the United States?
Yes, you may apply even if you are here illegally. You may apply for asylum regardless of your immigration status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule based on changed circumstances or extraordinary circumstances, and that you filed for asylum within a reasonable amount of time given those circumstances."

No need for waivers.

I don't think there is such thing as economic waiver.

Houston: for cancellation of removal, a person has to establish that " removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence." Isn't that so called "hardship waiver"?

[Houston]

It is relevant because in cancelation of removal, long periods of residency are a positive factor, specially when the alien entered the U.S. as a child (or in the USCIS terms, "at a young age").
She did not mention the lack of any citizen or LPR relative, but in cancelation procedures the issue is not a "hardship waiver" but a balance of all equities by the IJ. The hardship standard is extremely high here, higher than the 601 waiver requirement, but some family equity in the U.S. along with very extended times of residency, no CIMT's in the record and steady employment would help her cause.
Trying to get an asylum parole is a tough one, it would involve a credibility battle against with CIS.
The person should consult with an immigration attorney, a face-to-face consultation with disclosure of all relevant facts is the only way to find the appropriate avenue of relief, if any.

[Augustsum]

ANERI: I meant economic hardship waiver...

Okay, what if a person has been here for 16 years illegally as she has, and the petitioner would have been her current employer..Under these circumstances, is some kind of waiver needed to cover the "illegal" period of living here or not? Well, she clearly would not fit into asylum category becuase it has been 16 years of illegal living in USA.

You mentioned that if the petitioner was her immediate relative who is a US citizen, no waiver would have been needed.

HOUSTON: For a cancellation of removal, you do need a removal proceeding to be initiated against a person. Also, economic hardship waiver is filed when this person comes for an interview and is found to be inadmissable, right? During the interview to obtain a permanent legal residency, the officer finds you to be inadmissable...What happens next? Are you allowed to go home? Are you taken to jail? Is a removal proceeding being initiated against you immediately?

[Houston]

No, adjustment of status based on employment cannot be processed if the alien is out of status (no status to adjust). There's no waiver.
If the alien was married to a U.S. citizen or was the parent of a U.S. citizen who is of legal age to file a petition, no waiver would be required and the AOS application would go smoothly, or at least it should...
She can turn herself in to CIS and during removal proceedings ask for cancelation in front of the IJ. This is risky. Note that 236(c) the famous "mandatory detention" only applies to aliens inadmissible on the criminal grounds. This person needs to talk to an immigration attorney, this is not legal advice.

[aneri]

is this a hypothetical situation?

If not, what kind of papers has the immigration lawyer filed on her behalf?

In hardship waivers, a very little weight is put on how one's family would suffer financialy if that person is not admitted into the US or allowed adjustment of status. By "economic hardship waiver" do you mean that one has to prove that he/she will suffer financialy if not allowed live and work in the US? If yes -I've never heard it exists.

[sup]

" ... a person who is inadmissable into USA because she has been living here illegally for about twenty years ...
... During the interview to obtain a permanent legal residency, the officer finds you to be inadmissable ...
... Some kind of waiver is needed because she is inadmissable ... "

A person present in the U.S. can not be "inadmissible" by a virtue of being already present in the U.S. A term "inadmissible" only applies to applicants that are outside of the U.S. In her case she could be found "deportable" for her immigration violation(s). She will become "inadmissible" for 10 years if she leaves the U.S.

In most cases a waiver available to persons who are an immediate relative of a U.S. citizen if it's proven that not granting the immigration benefits to an alien relative will result in *extreme* hardship to a U.S. citizen.


" ... The immigration lawyer has filed a petition for her. She is applying on her own behalf ... "

What is the basis for her "applying on her own behalf"? What petitions/forms did the lawyer file?

Cheers.

[Augustsum]

What if a person has been here illegally for about twenty years and has no US citizen husband (married to another illegal alien), no immediate US relative and only has US employment.

What can she do to try to legalize her US presence in her current situation?

Also, if the officer finds her to be deportable during the interview (if we assume that somehow she could get an interview for a permanent legal residency), what happens next? When do the removal proceedings start? Does she go home after the interview or she goes to jail?

Thank you all. I appreciate all of your answers very much.