Appeal and Waiver
There are several ways to request a waiver or appeal of a US court decision regarding immigration or a foreign national’s stay in the US, and AG can help with all such processes.
APPEAL FROM FINAL JUDGMENT
A defeat in the immigration court or denial of a visa petition can have devastating effects. 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.
In many cases, the appeals process for you will start with a “motion to reopen”. If you were deported in absentia (and for some reason you failed to appear at your hearing) or if you were a victim of ineffective legal assistance, this may be your only option to solve your immigration case.
Here are some examples of when an appeal may be granted after a loss or denial:
- Misapplication of the law
- Abuse of discretion
- Failure to provide a legal reason for the denial
- Absence of legitimate evidence presented by the applicant
- Ineffective assistance from an attorney
Remember that you usually have only 30 days from the date of denial to request an appeal of the decision. So you must act quickly.
If you have been a victim of arbitrary denial or incompetent or dishonest legal representation and as a consequence, you now need a Waiver or Appeal process for a decision, contact AG Immigration right now. We will be happy to represent your case to the US authorities.
At AG Immigration, 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) Immigration Waiver of Inadmissibility for Criminal Acts
- I-601 waivers who have been in the United States illegally for a long time
- 212(a)(1)(H) waivers who have committed visa fraud
- 212(c) waivers convicted for a serious crime before 1996
- I-212 waivers who have a deportation order
- A new temporary waiver that allows those who entered illegally and later married a U.S. Citizen to stay in the country for the duration of the waiver decision.
Most waivers require applicants to show that they will be greatly missed and will cause extreme hardship to a U.S. citizen or family member who is a Legal Permanent Resident. The law says that everyday hardships associated with deportation are not enough for the required standards. In other words, just proving that the family member will miss you very much is not enough.
The attorneys from AG Immigration work hard to ensure that you present the best possible case when you apply for a Waiver. Our legal process involves many appointments to learn in detail about your history and particular circumstances so that the immigration officer hearing your case will know that your application for a waiver is both fair and within the complex immigration laws of the United States.