WELCOME TO YOUR SOLUTION FOR IMMIGRATION WAIVER, IMMIGRATION APPEAL, and
VISA DENIAL LAW

We have created hundreds of Immigration Waivers and Immigration Appeals in 19 years. Riznyk and Company, attorneys at law,  know this area of law and have been very successful where others have failed. We operate 24 hours a day, 7 days a week preparing immigration waivers for visa denial clients all over the US and in 54 countries. We are very easy to reach and our service is second to none. If you are serious about hiring an immigration lawyer to deal with your visa denial then call us now, or feel free to read this web site first in order to understand this specialty of immigration law. If you are outside the country, call 214-764-3462; if you are in Rome, call  (39) 327-499-7386, and if you are in England, call (44) 0203-004-9990. Inside the US and Canada call toll-free 1-877-223-4684. Our head office is in Dallas [4925 Greenville Ave Suite 200 Dallas, TX 97206] and we handle immigration wavier and immigration appeal cases all over the United States and in 54 countries.

ABOUT STEVEN RIZNYK, THE FOUNDER OF THE FIRM

Steven Riznyk, the founder of the firm, an international business and immigration attorney, received his Juris Doctor from the California Western School of Law and is admitted in the California Bar. and has been an active member since 1988. Mr. Riznyk has been an active AILA [ American Immigration Lawyers Association ] member since 2000. Steven Riznyk has also studied Strategic Managment at Harvard University, consulted in Business Process Re-engineering, and lectured at Duke and Oxford Universities on US Immigration. Mr. Riznyk has conducted seminars worldwide on various immigration issues. He is the author of the first-ever, almost 5-hour long DVD that explains the mysteries of US immigration to the public in easy language; all clients receive a copy free on request.

INTRODUCTION TO IMMIGRATION WAIVERS AND DENIALS

We receive calls regarding many visa denials for which people would like immigration waivers; some are possible and some are not. Please share with us the whole story that led to the visa denial and do not ignore any facts; you never know what is important and can make a big difference. You only have one good opportunity to win a waiver. Once you filed a bad case, it stays on record permanently. It is very important that you provide all the information necessary (ie what you were convicted of, a copy of the criminal report if you have it) so that we can fully explore all options available for your waiver.

Here are some common areas we receive calls about when it comes to immigration waivers :

UNLAWFUL PRESENCE

If you have stayed one year past the date you were supposed to leave (usually on your I 94, the white thick piece of paper you receive from the immigration officer when you enter the country), you are banned from re-entering for 10 years. If you overstayed by 6 months, it is a 3-year bar. There are certain exceptions, but very few. One exception is for people who marry U.S. citizens and file for Adjustment of Status (the Green Card). However, if the foreign person leaves the United States, that is when the bar kicks in. If that is the case, the person cannot re-enter unless he or she has filed and won an extreme hardship waiver.

However, if there is something else in your past you need to address (i.e. criminal history or suspected of working without authorization), you shouldn't just ignore it as waiting outside the country for 3 or 10 years does not guarantee entry at that time. If you have a criminal history, expungements are not recognized for purposes of immigration. You may qualify to have your Conviction Vacated. This should be discussed with your lawyer. More importantly, call us BEFORE you have your criminal trial as we can advise on the consequences of different strategies that may help with your subsequent immigration waiver.

If you are an overstay and remain for 6 months past the expiry of your stay, you are subject to a 3-year bar from the country. If you remain for 1 year past your authorization, you are subject to a 10-year bar.  The only way to overcome them is to show Extreme Hardhsip to a US citizen spouse or child; this is called an Extreme Hardship waiver and we prepare them on a regular basis.

IIRIRA

These took place many years ago, the effects are widespread and you should be aware of them. This is the law that put into effect the 3-year bar and 10-year bars. It affected many other areas. Here are some of them:

Conviction for high-speed flight from immigration checkpoints, domestic violence, stalking, child abuse, child neglect, violating court protective orders regarding prevention of domestic violence.

If you falsely claim to be a citizen, you are subject to deportation.

Other important changes include the fact that Suspension of Deportation had been eliminated under Sections 212(c) and 244. This was a way to avoid deportation, it was 'suspended'. In their stead, we have a 7-year Cancellation of Removal (It has the same effect- you are not deported) provision for people with Green Cards and a 10-year Cancellation of Removal for people who do not have a Green Card. Aggravated felons do not qualify for either of these and people who have committed any crime must show "exceptional and extremely unusual hardship". However, if a crime is committed by the person or an NTA (Notice To Appear .... this is in Court) is served on them, the time stops counting towards the 7 or 10 years.

Aggravated Felonies: Always a serious issue in immigration. Unfortunately, many crimes that are not Aggravated Felonies in a certain state are considered aggravated felonies for immigration purposes. Aggravated felonies were changed so that the definition now covers most felonies. Also, thefts and violent crimes that carry a one-year sentence or more are now considered aggravated felonies.

Importantly, they removed judicial review for people convicted of some crimes, discretionary bond and detention. On this note, they also made the change regarding the definitions of conviction and sentencing. For example, sentencing now is defined as the time ordered by the Court, regardless of whether or not the sentence or execution of it were withheld.

An area of great concern is that nonimmigrants now have their visas automatically invalidated if you overstay by even an hour. Under Section 222(g), these person can no longer Change Status (this is the term for people going from one visa to another, such as a B-2 visitor going to an H-1b work visa) inside the United States. The problem with this is that once you are outside the country, they have you, and if they feel you should not be let back in, you have a problem.

A last major change as a result of IIRIRA is that 4 major agencies must report (Section 404) to the USCIS (Immigration Dept) 4 times a year if they know that you are unlawfully present. These agencies are: HHS, HUD, SSA, and DOL.

CRIMINAL ISSUES: We are often asked by our clients what the difference is between being inadmissible and deportable. Someone who is in this country, under certain circumstances can be asked to leave, and that is deportation. Someone who is outside this country trying to enter could be inadmissible (previously called excludable). This means that if you have a Green Card, each time you re-enter the country you are seeking admission. If you have a criminal record, it could prevent you from entering. It that is the case with you, visit or call us immediately, especially if you intend to travel. The same rule applies to people who are Entering Without Inspection (EWI); these people are subject to all of the laws of admissibility. Entering Without Inspection, or being an EWI means that you entered the United States illegally).

This area of the law can be quite complex. For example, if you left America but did not enter a new country, you are not seeking readmission (let's say you rented a boat and left the continent but only went fishing). Another example is a person who leaves America but for some reason is not admitted to Canada, that person has not left the United States and therefore does not seek readmission, avoiding the triggers of a person seeking readmission.

There are many grounds of inadmissibility and these are the ones we are called about the most.

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