Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

  • Home
  • About Us
    • Directions
      • Geygan & Geygan, Ltd.
      • Cleveland Immigration Court
      • USCIS Cincinnati Field Office
    • Why I do what I do
  • Immigration
    • Family Immigration Home
      • K-1 Petition for Alien Fiancé(e)
      • Marriage Green Card
      • Removal of Conditions on Status (I-751)
    • Investment Immigration
      • E-2 Treaty Investor Visa
      • EB-5 Visas
    • Employment Immigration
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment Immigration H-1B
    • Naturalization 2021
    • Preventing Deportation
      • Immigration Court Video
      • Immigration Law Violations
      • Cancellation of Removal
      • I-212 Waivers
      • I-601 Waiver of Inadmissibility
    • Work Card or Employment Authorization Document
    • Nonimmigrant Options
      • H-1B Visas For Specialty Occupations, Like Yours
      • The B Visas: Business or Pleasure?
      • Types of Visas for Temporary Visitors
      • E-1/E-2 Eligibility Requirements
        • The E-1 Treaty Trader Visa
          • E-1 Treaty Traders Details
        • E-2 Treaty Investor Visa
    • I-601A Provisional Unlawful Presence Waiver
    • I-601 Waiver of Inadmissibility
    • Criminal Law and Immigration
    • Temporary Protected Status
    • USCIS Processing Times Calculator 2021
  • Legal Information
  • Archive & Site Map
  • Log In / Out

Discretion in Waivers

May 15, 2014 by Thomas Geygan

ImmCt1Discretion is a term that is used throughout immigration law. When applying for an immigration benefit, agency discretion to grant or deny benefits appears throughout the law not only in the context of the provisional waiver applications, but also in the adjudication of underlying benefits— for example, immigrant and nonimmigrant visa eligibility, refugee status, asylum, cancellation of removal, and adjustment of status (AOS). USCIS discretion also appears in the decision-making process other benefits benefits— for example, work authorization, advance parole, reentry permits, and extension or change of nonimmigrant status.

Discretionary determinations are very fact intensive. Building a record in support of a favorable exercise of discretion requires careful attention to the legal and policy issues that help promote ultimate determination to grant or deny relief. Moreover, building a case requires considering, from the outset, where the case will go if and when the adjudications officer declines to exercise favorable discretion and denies relief. Those procedural aspects are themselves substantive factors to consider and argue in support of relief.

Here, is a list of such factors, taken from the Immigration Judge Benchbook, and focused specifically on the exercise of discretion in the context of the adjustment of status (“green card”).
The favorable factors include:
• Existence of family ties in the United States;
• Quality of relationship with respondent’s relatives in the United States;
• Lengthy residence in the United States;
• Approved preference petition;
• Hardship to the foreign national if he or she is forced to go through consular processing;
• Payment of taxes;
• Community service;
• Good moral character;
• Employment history;
• Business ties in the United States; and<
• Property ties in the United States.
Negative factors include:
• Criminal conduct;
• Flagrant immigration violations;
• Lack of truthfulness in immigration proceedings;
• Unlawful entry into the United States;
• Preconceived intent to enter and remain permanently;
• Failure to file income tax returns; and
• Threat to national security.

USCIS will make a decision on an unlawful presence waiver application based upon the showing of extreme hardship to his or her U.S. citizen spouse or parent. In addition to showing the extreme hardship, the applicant must show that he or she merits a favorable exercise of discretion. It is important to show that the favorable factors outweigh the negative factors in both number and impact.

In order to ensure you have completed the I-601A provisional waiver application completely and accurately, you should consult with an experienced immigration attorney who can walk you through the process and provide guidance as to the steps you must take in order to increase your chances of obtaining the I-601 provisional waiver.

Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation

If you or a loved one need to file a I-601A provisional waiver application, it is imperative that you seek the advice of an immigration attorney as soon as possible.  An immigration attorney can help you avoid the common mistakes that often result in a denial of an I-601A provisional waiver application.  The immigration attorneys of Geygan & Geygan, Ltd. have helped hundreds of clients with their immigration needs.  Our attorneys help clients formulate an individualized plan for residing in the United States lawfully.  To find out if our attorneys may be able to help you, contact us today at (513) 791-1673 to schedule a free consultation.

Filed Under: Waiver

Client Resources

May 15, 2017

 

More Posts from this Category

Featured Posts

Biden administration considers migrant restrictions similar to Trump policies.

Asylum rates drop as immigration cases are fast-tracked.

Contact Us

Geygan & Geygan, Ltd.

8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
Fax 513-791-1683
info@geygan.com

Disclaimer and Privacy Policy

Lawyer Thomas Geygan | Featured Attorney Immigration

Copyright © 2023 · Enterprise Pro Theme on Genesis Framework · WordPress · Log in