Keeping families together.
The U.S. government has laws to determine who is admissible and so allowed to enter the country. These laws fall into several broad categories:
Sometimes, an exception can be made to the law. Other types of inadmissibility may expire after a specified period of time. Do be aware that there are no exceptions for certain types of inadmissibility, e.g. almost all drug offenses, claiming to be a U.S. citizen.
There are two types of waivers: the hardship waiver and the permission to re-enter. Some people have to file both applications.
The Hardship Waiver
The hardship waiver is the request for an exception to a law of inadmissibility. If the inadmissibility never expires, then approval of a hardship waiver is the only way you can return to the U.S. For an inadmissibility that eventually expires, the hardship waiver allows you to come back sooner.
There are two different types of hardship waiver applications.
Not all U.S. relatives are qualifying relatives. All the waivers recognize hardship to spouses and parents but only some recognize hardship to children.
Extreme hardship involves the hardship of separation as well as the hardship for the U.S. relative if she/he went to live in the immigrant's home country to avoid the separation.
The Permission to Re-Enter
People who have removal orders and want to come back early and people who have illegally re-entered the U.S. after living in the U.S. illegally for more than a year require a different type of waiver known as "permission to re-enter."
The permission to re-enter is similar to the hardship waiver: it requires proving hardship to a qualifying U.S. relative. It recognizes hardships children as well as spouses and parents. It also recognizes hardships to the applicant and requires the applicant prove rehabilitation and good moral character.
Those who re-enter the U.S. illegally after ilving in the U.S. unlawfuly for more than a year must wait the full ten years before applying for permission to re-enter.
Those with 10/20 year removal orders can apply for permission to re-enter at any time after leaving the U.S. Many people wrongly believe they must wait for 10 or 20 years to lapse before applying.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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