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Hardship, Waivers Appeals & Motions

Hardship, Waivers Appeals & Motions

In life, mistakes are going to happen. Lapses of judgements are going to be made, even big ones. However, when you consider the immigration process, the mistakes that we make can be critical. An arrest or a violation of immigration status can end in deportation. This could mean permanent separation from family and the end of your American dream. However, there is something that you can do in regards to being found “inadmissible” to come or remain in the U.S. United States Citizenship and Immigration Services (USCIS) allows individuals to appeal denial decisions or file motions to reopen a case or reconsider their decision. The immigration attorneys at Florida Immigration Law Counsel can file the appropriate paperwork and make sure that your rights are defended.


USCIS finds immigrants inadmissible if they have been convicted of specific crimes, are in violation of their immigration status or have previously been deported. In each of these cases, the individual can apply to have an inadmissibility decision waived. Immigrants can pursue the following waivers:

I-601 Waiver: This waiver may be granted to individuals who would like to waive a USCIS inadmissibility ruling of immigration violations such as unlawful entry or presence in the U.S. or staying beyond the time frame of your visa. Certain crimes that lead to an inadmissibility ruling can apply to this waiver as well. It must be demonstrated that the removal of the individual would cause an “extreme hardship” to the individual’s spouse, family or relatives. Examples of extreme hardship include the poor health of applicant’s family member, the loss of educational opportunities for applicant’s children, and applicant’s financial situation. The spouse or unmarried children (under 21 years of age) of a U.S. citizen may apply for an I-601A waiver to overcome the same set of circumstances.

I-212 Waiver: Foreign nationals who have been removed from the U.S. may apply for this waiver. It allows them to enter the U.S. before the end of their designated period out of the country. When reviewing an I-212 waiver, the USCIS considers an individual’s character, familial responsibilities, job status (is the job important to the U.S.), and the basis of the deportation, among many other items.


There are two types of motions that the Board of Immigration Appeals (BIA).Motion to Reopen: This is an official request to review a decision in an immigration case. In this motion, you will have the opportunity to present information, including new evidence that was not discovered when the case was initially presented.

Motion to Reconsider: This is an official request to challenge an initial ruling based on what is considered “alleged errors of fact or law”. In a Motion to Reconsider, an individual must show why the initial ruling was incorrect and, therefore, should be altered.

Motions to Reopen before the BIA are only allowed for 90 days from the date of decision, while Motions to Reconsider before the BIA are given 30 days.

When you work with the Immigration attorneys at FL-ILC, we will assess your case, file the proper waiver or motion and doggedly defend your right to be in the U.S. Contact us today at 1-800-666-4996.

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I am delighted to write this review for Saman and her legal team as they provided me and my fiancé excellent services and guidance throughout our K-1 visa process. Saman and team provided us with the best in class counseling and ultimately helped us get our visa approved. Without their help we will not be soon to be married. Thank you Saman and team for all your guidance and support. For always being available and answering all of our questions. We wouldn’t be in this new stage without you guys! I fully recommend anyone seeking legal guidance and support to contact Florida Immigration Legal Counsel. You will not be disappointed. Forever thankful!

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A team of experienced, motivated and highly professional law counselors!! I was guided well in every step and the outcome were positive results every time. We will always be recommending and coming back for any case issues. Huge thanks to Saman, Wendie, Madelyn and the whole team!!

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We are so thankful for the care taken in our visa applications during this very challenging time of the pandemic. Saman and Lianette always respond quickly to our questions and are professional and helpful. We had a successful outcome and look forward to continue working with them in the future. We would definitely recommend to support your immigration process.

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The team at Florida Immigration Law Counsel was nothing short of exceptional. Saman is so knowledgeable and down to earth, it was truly a pleasure to work with her. Thank you FLILC team for an outstanding job!

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A friend referred us to Florida Inmigration Law Counsel. Since then, Saman and her team have been the greatest asset to our legal procedures. We have worked with them for the past couple of years, Lianette has been helping us with our Labor Certification and Marianne with our TPS and we can’t recommend them enough, they are very knowledgeable, detailed oriented, extremely professional with excellent and constant communication. We are so happy that we found them Best Legal Team in South Florida. 100% recommended

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best attorneys around! Helped my mother and my family all in one go, thank you !

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