If an immigration judge finds you subject to removal for such violations as entering without being inspected (EWI), overstaying your authorized period of time after entering with a visa or committing a criminal act, you can ask the judge for relief from the deportation. There are many forms of relief and they are all factually specific. This means your facts have to meet the law for you to have the right to apply for the benefit. Some of these forms of relief from removal will provide you with a green card (lawful permanent resident status) while others will provide you with the opportunity to leave on your own (voluntary departure).
Aggressive, Seasoned and Diligent Law Firm
Attorney Eichorn is an experienced deportation defense lawyer, dedicated to serving the needs of foreign nationals and their families. He and his legal team provide effective legal services to clients across the United States from our office in Cleveland. Anyone in removal proceedings should have a lawyer. Hire a lawyer who understands the importance of keeping families together through relief from removal.
There are many forms of relief from deportation or removal. Some of the most common forms of relief from deportation are listed below. Others such as asylum, voluntary departure and waivers for specific conduct [212(h), 212(i) and 237(a)(1)(H)] are also available. Contact us to discuss legal representation in removal proceedings.
Adjustment of Status: If you entered the U.S. with a visa, were inspected by an officer and are now married to a U.S. citizen and you are in removal proceedings, then there is a realistic chance you can obtain your green card. You will have to prove to USCIS that your marriage is not just for the green card and then you will have to have a hearing with the immigration judge who can approve the green card application.
212(c) Waivers: Former Section 212(c) of the Immigration and Nationality Act provided a waiver of some criminal offenses, including crimes involving moral turpitude, controlled substance issues and others. This waiver has been changed by the courts many times in the past 20 years but the essence of it requires a conviction from prior to 1996 and lawful residence of seven years or more. The waiver is discretionary, again meaning that you must show the judge you are worthy of his or her consideration.
212(h) Waiver: This waiver is the most commonly used waiver for certain criminal actions when a person is adjusting status or re-entering the U.S. It can waive crimes involving moral turpitude and convictions for possession of marijuana if less than 30 grams. The waiver does have some factual eligibility requirements so it's best to check with your deportation defense lawyer to see if you qualify.
Cancellation of Removal: There are four types of cancellation of removal, two of which are covered below. Not only do you have to be eligible for the benefit but also the application is discretionary. This means it is up to the judge whether or not he or she will give you status. In exercising discretion, the judge looks to see if the person is telling the truth at the hearing, if he or she is a person of good moral character and he or she deserves the grant of status.
- Cancellation for Lawful Permanent Residents: Cancellation of removal for permanent residents is available to an alien if the person:
- Has been an alien lawfully admitted for permanent residence for not less than five years
- Has resided in the United States continuously for seven years after having been admitted in any status
- Has not been convicted of any aggravated felony
- Cancellation of Removal for Non-Permanent Residents: Cancellation of removal and adjustment of status for non-permanent residents, (previously known as suspension of deportation), is available to an alien who:
- Has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application
- Has been a person of good moral character during such period
- Has not been convicted of certain criminal offenses or security or terrorist-related crime
- Establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence
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There are other waivers and avenues to prevent deportation. This page is designed to give you a look at what might be available to you and show our firm's knowledge base. Please contact Philip Eichorn Co., LPA, today if you or a loved one is in removal proceedings. Our team is dedicated to your case from inception and can help ensure your rights are protected during removal proceedings. We will give you the best chance to succeed when applying for relief from deportation.