Inadmissibility Waivers

One of the worst outcomes when submitting immigration applications is to find out you are “inadmissible to the United States.”

A person not eligible to be admitted into the United States or to adjust her status may obtain lawful admission by filing an application for waiver of the grounds of inadmissibility.

We have in-depth experience in this niche area of immigration law and have successfully represented individuals throughout the United States.

Here are the types of waivers we can help with:

  • I-601 for crimes or overstay
    This waiver waives the “unlawful presence” and “misrepresentation” grounds of inadmissibility for foreign nationals who have a U.S. citizen or lawful permanent resident spouse or parent.
    The foreign national must demonstrate that his/her U.S. citizen or lawful permanent resident spouse or parent would suffer “extreme hardship” if they cannot be united.
    Applicants must submit the I-601 application; a thorough and persuasively written extreme hardship statement; personal affidavits; and a comprehensive set of supporting documents to convince the consular officer that they will suffer more than the average person in the same situation.
  • I-601A overstay waiver for someone in the USA
    Allows the spouse or spouses or children of US Citizens or lawful permanent residents to apply for a provisional waiver. This waiver is pursued for someone in the USA who have remained here unlawfully. USCIS requires showing that being separated from their U.S. citizen or U.S. lawful permanent resident spouse or parent would cause that U.S. citizen resident relative “extreme hardship”.Eligibility for this provisional waiver requires proof that you have a case pending with USCIS based on an approved immigrant visa petition and be physically inside the United Stated to file this I-601A waiver.
  • I-212 waiver for a removal for someone that was ordered removed or deported.
    Foreign nationals who have been ordered removed from the US may be readmitted by filing this waiver. However, they must have remained outside the country for the required period.

    • 5 years for individuals removed summary exclusion or through removal proceedings initiated upon arrival into the US
    • Ten (10) years for those removed after a deportation hearing or who departed the US while a removal order was outstanding
    • 20 years for a second order of removal

212(h) Waiver for Criminal Convictions

  • Discretionary waivers are accepted for certain criminal grounds of inadmissibility
  • Crimes involving moral turpitude (subparagraph 212(a)(2)(A)(I))
  • Multiple criminal convictions (212(a)(2)(B))
  • Prostitution and commercial vice (212(a)(2)(D))
  • Certain aliens who have asserted immunity from prosecution (212(a)(2)(E))
  • An offense of simple possession of 30 grams or less of marijuana (212(a)(2)(A)(i)(II))
  • EOIR 42A & EOIR 42B cancelation of removal for LPR in immigration court.

Cancellation of Removal

Cancellation of removal is an immigration relief from deportation. It allows for permanent residents and nonpermanent residents to apply before an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence.

The immigration will consider the following when determining whether to grant or deny an application:

  • Continuous presence in the US for at least ten years
  • Good moral character
  • Family and community ties to the US
  • Community service work
  • No convictions of certain offenses that would make you inadmissible or deportable
  • Possible deportation would cause exceptional and extremely unusual hardship to your lawful permanent resident spouse, child, or parent.

Experienced Cancellation of Removal and Deportation Defense Attorneys

To speak with one of our skilled immigration lawyers, call 786-878-3626 or reach us online to schedule a confidential consultation.

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