Appeals & Waivers

Helping Families Stay Together in the U.S.

U.S. immigration law identifies various grounds that can make an individual inadmissible for residency or lead to deportation. However, waivers are available for many of these grounds, offering a path to overcome inadmissibility.

Waivers in U.S. Immigration Law

Appealing an Immigration Denial

When your immigration application is denied, the decision may have one or several options for appeal:

Administrative Appeals Office (AAO): You can file a motion to reopen or reconsider your case with the AAO. This requires presenting new evidence to support your application. Act promptly and contact our office as the deadline for filing is typically 30 days from the date of the initial denial.

Board of Immigration Appeals (BIA): The BIA is the highest legal authority for immigration decisions. You can appeal denials, including deportation orders and asylum denials, to the BIA. The 30-day filing deadline also applies to BIA appeals.

U.S. Citizenship and Immigration Services (USCIS): You may be able to appeal directly to USCIS. This can result in a reversal of the denial, affirmation of the denial, or a return of your case to the original adjudicating officer for review.

Immigration denial? Don't give up. Contact Breda Law today. Call our office at (480) 246-0346 / (27) 99809-0193 or contact us online to arrange to speak with an adjustment of status attorney.

Overcoming Inadmissibility: Waivers

Obtaining Waivers for Immigration Barriers

Several factors can render you inadmissible to the United States, including:

Criminal convictions: In the U.S. or your home country.
Prior deportations.
Illegal entry or presence in the U.S.
Health concerns: Such as certain diseases or substance abuse.
Lack of financial self-sufficiency.
Misrepresentation or fraud during the immigration process.
Terrorist affiliations or national security concerns.

Waivers may be available to overcome some of these inadmissibility grounds. The specific waiver options depend on your individual circumstances and the reasons for your immigration application.

Advance Parole

Requirements, Benefits, and Application Process

Advance Parole (AP) is a permission granted by U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens to re-enter the U.S. after traveling abroad without needing a visa. Given as a travel document issued by U.S. Citizenship and Immigration Services (USCIS), it allows certain immigrants with pending immigration applications to travel outside the United States and then return provided they satisfy eligibility.

This is particularly important for individuals with pending applications for adjustment of status, refugees and asylees, and those with Temporary Protected Status. Traveling without AP can be detrimental, especially for those with pending adjustment of status applications, as it can be considered abandonment of their case.

Often, the AP application is filed concurrently with the adjustment of status application, as the filing fees are typically waived in such cases. When filed together with an application for employment authorization, the resulting document is often referred to as a "combo card," as it serves as both a work permit and advance parole authorization.

Who Qualifies for Advance Parole?

Understanding Eligibility Requirements and Ineligibility Factors

To obtain advance parole, you must complete the I-131 Application for a Travel Document (available here) and submit it with supporting documentation, including photos and the required fees.

Foreign nationals in the United States may apply for Advance Parole if:

Pending Application for Adjustment of Status (Form I-485)
Admitted Refugee or Granted Asylum
Beneficiary of the Family Unity Program
Granted Temporary Protected Status
Pending Asylum Application
Emergent personal or bona fide reason for temporary international travel

Individuals are ineligible for Advance Parole if:

Lacks valid immigration status in the U.S.
Possesses a valid reentry permit or refugee travel document (unless returned to USCIS or lost)
Exchange visitor subject to the foreign residence requirement
Beneficiary of a private bill
Currently in removal proceedings

While the I-131 form provides detailed instructions, working with an immigration attorney is highly recommended to ensure accuracy and maximize the chances of approval. Patrimonia Law can provide expert guidance through this process. After completion, the application should be submitted to your local USCIS office or the appropriate Service Center.

Why Choose Breda Law?

Navigating Complex Appeals & Waivers with Confidence

Appeals and waivers are complex legal processes that require meticulous attention to detail.

Experienced Representation: Our attorneys possess decades of experience in preparing and filing successful appeals and waiver applications.

Thorough Case Preparation: We meticulously gather and organize all necessary evidence to support your claim.

Dedicated Client Support: We understand the importance of your immigration matter and are committed to providing you with personalized and dedicated legal representation.