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Entered the country without Inspection cheap cheap canada goose rescue indiana . There is Still Hope for your Green Card
US Immigration Law is particularly unforgiving towards those who entered the country without inspection cheap canada goose rescue indiana . Even marriage to a US citizen – which is usually sufficient to overcome most immigration violations – does not help. If you cannot produce a passport or I-94 card proving that a Customs and Border Patrol Officer stamped your entry into the country you are precluded from adjusting your status (ie.. getting a Green Card) without having to first leave the US. Period. And to make matters worse. if you have been here out of legal status for more than one year. once you do depart the US you will trigger a 10-year bar against returning. Talk about catch-22 cheap canada goose rescue indiana for cheap . Stay and you can’t get a Green Card. Leave and you are barred from returning for up to 10 years. So what to do.

In reality the situation is not quite so dire cheap canada goose rescue indiana . The reason is that the 10-year bar for unlawful presence can be overcome if a successful waiver application is made where to buy cheap canada goose rescue indiana , cheap canada goose parka outlet calgary . And the latest statistics released by the Department of Homeland Security demonstrate an almost 85% approval record for waivers of INA Section 212(a)(9)(B)(i)(II) (unlawful presence in the US of 365 days or more within the past 10 years) cheap canada goose rescue indiana .

INA Section 212(a)(9)(B)(v) authorizes a waiver of unlawful presence to a would-be immigrant “who is the spouse or son or daughter of a United States citizen or a [Green Card holder], cheap canada goose white hat . ” The bar is set high. however cheap canada goose rescue indiana for cheap . and requires the applicant to demonstrate that the “refusal of such foreign national would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien. ”

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Hardship to the alien is of no consequence. Similarly. as difficult as it might be to comprehend. hardship to a US citizen child is also irrelevant. The only hardship that matters is that of a US citizen or Green Card holder spouse or parent sport chek canada goose jackets online store .

The standard for a waiver is “extreme hardship“. which is a high one. And the courts have uniformly held that “merely living apart from one’s spouse or parent” does not rise to that level. The applicant must demonstrate hardship above and beyond that which is to be expected from the separation of family members canada goose st catherine montreal outlet . So without meaning to sound cavalier. when it comes to waivers, canada goose ladies chilliwack bomber uk store . worse usually is better. There is no ironclad definition of what constitutes “extreme hardship. but factors such as the burden of special-needs children (remember. hardship to the children won’t count. Rather. the hardship to the remaining parent of caring alone for such children is what bears weight in a waiver). reliance upon the income of the alien (particularly where he/she is the sole breadwinner). aggravating medical conditions that require the alien’s presence or care. mental illness on the part of the qualifying relative (depression) are all factors that will carry weight in a waiver application.

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