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.


Schedule Your Consultation Now


All fields are required. Florida Immigration Law Counsel is a law firm. However, the use of the internet or this form for communication with us does not establish an attorney-client relationship. We will discuss your options with you.



Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!