Delia de la Garza's Legal Blog

If a person is applying for permanent residency, either thru a family member or an employer, he or she must not be found inadmissible.  There are many acts, convictions, health problems and/or economic reasons as to why a person may be found inadmissible and therefore denied adjustment of status to that of a lawful permanent resident.  In addition, some, but not all inadmissible acts, etc. have an option to apply for a waiver of inadmissibility.  For example, if a foreign national is found to have entered the United States thru fraudulent means, he or she may apply for a waiver.  The waiver consists of proving several elements, particularly that he or she is the spouse, son or daughter of a U.S. citizen or lawful permanent resident, and they establish that their spouse, son or daughter will suffer extreme hardship if the foreign national is not granted admission as a lawful permanent resident.  There are more detailed provisions for those applicants applying for lawful permanent residency under VAWA.  The definition of what is extreme hardship is usually the biggest obstacle the applicant faces.  There is a laundry-list of circumstances that can be taken into consideration when proving to USCIS or an Immigration Judge how and why the applicant qualifies.  If you, a family member or a friend is in this situation, or has an immigration law related question, please call our office to schedule a consultation today.