Asked in Immigration Law for Florida

Q: I got banned for some year for overstay can a Hranka waiver help me? I have a critical situation going on.

Hi, I was living in the states for most of my life and and its my home. I was in the process if getting my residence from my mom who got hers from my brother who is American born but my mom passed away unexpected and did not finish the paperwork and the case was closed. I voluntarily left the states and doing this I got banned for several years because of overstay. I am out of the states 4 years now and have been experiencing a critical situation here. I need help to get a Hranka or a waiver of forgiveness. I need to get my status fixed and I need help with my complex case. Can I please get some help.

Thank you

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: An INA 212(d)(3) waiver is entirely discretionary and it may be difficult to obtain if you have previously been present in the United States unlawfully for a significant period of time. Additionally, this type of waiver is only available with an application for a non-immigrant visa, so even if you were approved for the visa and waiver it would only allow you to remain temporarily in the United States.

Depending on how far in the process your mother was in petitioning you, you might be able to apply for humanitarian reinstatement of the I-130 petition. You should discuss your case with an immigration attorney to see if there is a way to salvage the case through your mother.

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