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Waivers of Inadmissibility
Under the Immigration and Nationality Act, a removal proceeding of an immigrant can be waived. This can be executed by an immigration judge who can waive the removal of an alien who has been determined inadmissible. Our attorneys at Brown Immigration Law understand immigration laws that involve waivers for people whose criminal acts lead to removal from the country.
Attorneys Robert Brown, Aleksandar Cuic, Rishi Oza, and Erin Brown can thoroughly investigate your case to try and determine whether you were unfairly targeted for persecution or deportation. We can also help investigate the situation to determine if the criminal charge is genuine.
What are Ground for Inadmissibility?
Inadmissibility means that you are no longer allowed to enter the U.S. from abroad, or if you are already present, you are not permitted to remain.
Being deemed inadmissible can be due to:
- One's criminal history
- Previous immigration violations, such as entering the US illegally
- Medical and health reasons that can be a threat to public health
- Fraud or misrepresentation
Who Is Eligible for a Waiver?
If you have been deemed inadmissible, you can apply for waivers that requests the government forgive your previous inadmissibility, and allow you to continue pursuing a green card.
To be eligible for a waiver, you must meet the following requirements:
- Must be at least 17 years old
- Must be in the U.S. when filing for the waiver
- Must be an immediate relative of a U.S. citizen or Legal Permanent Resident
- Must be able to demonstrate extreme hardship to a qualifying relative if refused admission to the U.S.
- Must be the beneficiary of an approved immediate relative petition and paid the visa processing fee
What Crimes Can Be Waived?
There are many different criminal offenses that are eligible for a waiver. Many juvenile and petty offenses qualify for waivers. If an alien has only been convicted of one crime or for an offense while under the age of 18, then a waiver can be pursued with the assistance of a lawyer from our firm.
Process of Obtaining a Waiver
Attorneys from our firm can help you navigate the process of obtaining a waiver of inadmissibility. The applicant can petition the United States Citizenship and Immigration Services (USCIS) to overlook the problem or criminal offense. Once a waiver has been issued, you can request a green card or visa.
The waivers that can be obtained include:
- Waiver 212(c): Waiver 212(c) is designed to provide relief to aliens who are scheduled for removal from the United States. This type of waiver demands that federal courts maintain habeas corpus jurisdiction against removable immigrants who have been accused of a criminal offense.
- Waiver 212(i): Waiver 212(i) offers assistance to immigrants who are subject to removal because they committed fraud on an immigration document. Individuals who apply for a 212(i) waiver must be able to provide evidence to the U.S. Citizenship and Immigration Services that they have a "qualifying relative" who would suffer hardship if the alien were removed from the country.
- Waiver 212(h): Our attorneys can help if you are required to appear at a removal hearing or need to file for adjustment of status. Waiver 212(h) can be filed based on hardship to a family member or if the criminal conviction was committed more than 15 years ago. Even if either of these principles is established, the waiver can still be denied.
For aggressive help during your removal hearing proceedings, contact our firm today! We serve clients throughout the Orlando area.
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