What evidence do I need to ask for provisional pardon from the law of punishment?

In my column This week's Consulta Migratoria® explains what documents can be sent with an application for a provisional waiver of the punishment law.

Please consult with an immigration attorney for personalized legal advice before beginning any proceedings.

This is the column:

To obtain a provisional waiver of the penalty law, an immigrant must demonstrate extreme hardship to a qualifying relative if he or she is denied reentry to the country.

Currently, immigration law classifies a U.S. citizen spouse or parent as a qualifying relative. But as I explained in my column last week, the law will soon change to expand who will be the qualifying relative eligible for that waiver.

Proving extreme prejudice is not easy and requires submitting documentation to the federal government. Based on the evidence presented, the U.S. Citizenship and Immigration Services (USCIS) will use its discretion to approve or disapprove a provisional waiver of the punishment law.

Among the evidence that USCIS accepts to prove extreme prejudice:

  1. Expert opinions.
  1. Evidence of employment or business ties (such as payroll records or tax returns).
  1. Evidence of monthly expenses (mortgage receipts, rent, bill payments, etc.) or other financial records that support the claimed hardship.
  1. Documents or evaluations from physicians confirming health problems.
  1. Birth, marriage or adoption certificates showing family ties.
  1. Affidavits from the qualified relative or other persons who personally know of the alleged hardship.
  1. Reports on the state of the country.

How to Establish That Your Case Deserves USCIS Discretion

The approval of an application for a provisional waiver of punishment law depends on the discretion of the USCIS, which will review all the evidence and evaluate all the factors in the case.

In completing the application, they should describe the favorable and unfavorable factors in their case and explain why they believe the favorable factors should be given more weight in deciding whether or not to approve the application.

These are some favorable factors that may include:

  1. Close family ties in the United States.
  1. Hardship to your U.S. citizen or permanent resident relatives, yourself, or your U.S. employer.
  1. Time you lived legally in the U.S. and your immigration status while in the U.S. legally.
  1. Evidence that he respects law and order, has good moral character, and fulfills his family responsibilities.
  1. Emphasize, if that is the case, that there are no undesirable or negative factors in your background.
  1. Express that you will become a lawful permanent resident in the near future.

These are some unfavorable factors that may include:

  1. Evidence of poor moral character, including criminal tendencies based on police records, prior convictions or current illegal activity.
  1. Repeated violations of U.S. immigration laws and disregard and disregard for the laws in general.
  1. Absence of family ties or difficulties.
  1. Fraudulent marriage to a U.S. citizen for the purpose of obtaining an immigration benefit.
  1. Unauthorized employment in the United States.

Keep in mind that these are just a few examples, and that there may be more documents that can be used to justify and strengthen the request for a provisional waiver of the punishment law. It is important that you receive professional legal advice to determine what documentation you need to submit.

Please share this information with your family and friends. Consult with an immigration attorney before beginning the process for permanent residency to be sure you meet all the requirements.