Immigration Law And Different Immigration Waivers
If you are facing deportation and a removal hearing, then an experienced immigration lawyer can help you determine whether you qualify for an immigration waiver like an I-212 waiver, an I-601 waiver or an I-601A temporary waiver. At the Canizares Law Group, LLC, in Miami, our immigration lawyers have decades of combined experience and work hard to keep families together and make American dreams come true. After all, our founding attorney, Claudia Canizares, was once an immigrant herself.
What Is An Immigration Waiver?
There are a number of reasons that an immigrant who is in the country illegally may not be allowed to remain in the United States. Some of these reasons include:
- Entering the country illegally
- Staying in the country illegally after a student or a work visa expired
- Facing criminal charges
Immigration laws in the United States require that if someone is in the country illegally, then they may be deported in what is now called a process of removal. In the event that an immigrant is forced to leave the country via deportation after a removal hearing or after they voluntarily departed the country, they may be eligible to apply for an immigration waiver. Waivers are excellent tools that can potentially allow families to reunite more quickly.
What Are The Different Types Of Immigration Waivers?
There are several different types of waivers, which include:
- I-601 waiver: This waiver is an option for immigrants whose relatives in the U.S. would be subjected to hardship if they were to be removed from the country.
- I-601A temporary waiver: This is a waiver for immigrants whose petition for an I-130 has been accepted, and it allows an immigrant to leave the country to complete the rest of their immigration requirements before returning to the U.S.
- I-212 waiver: This is a waiver for prospective immigrants who have been removed or deported from the U.S. that grants them the ability to reapply for permission to enter the country.
Based on the facts and circumstances of your specific situation, one of our experienced immigration lawyers can help determine if applying for a waiver is appropriate for your legal strategy.
Frequently Asked Questions About Deportation Waivers
Here are some of the most common questions we hear:
Can deportation be waived?
Yes, deportation can be ordered and then waived. This is a complex process, and Immigration and Customs Enforcement (ICE) will likely counter your claim. This is not something you want to address on your own. ICE will attempt to dismantle your arguments and proceed with the deportation.
What types of situations might qualify for a waiver in removal proceedings?
A waiver in removal proceedings may be granted for misrepresentation or fraud – such as lying about marital status – and for some criminal issues. You can even qualify for a waiver in some cases if you are undocumented. Our experienced team will help you determine if you qualify and what steps to take to seek the appropriate waiver, as every case is unique.
What is the process for applying for a waiver in immigration court?
You simply need to determine the correct type of waiver and then submit it to the proper authorities. You may need to use an I-601 fraud waiver, for instance, or a 212(h) criminal waiver. We can assist you with the proper filing procedures so that things go smoothly.
How do I find out if I qualify for or even need a waiver?
Our team can assist in examining your case and determining eligibility. It depends entirely on whether you are seeking a criminal waiver, a fraud waiver or another type of waiver. For instance, a criminal waiver may depend on whether or not you had proper documentation before the alleged criminal act – but even someone who is undocumented may qualify for a waiver in specific situations.
If I file a waiver application, what are the potential outcomes?
Applying is just the first step, and the outcome depends on the judge in your case. They do have the power to grant the waiver, which allows you to remain in the United States or proceed with the deportation. Our team focuses on building up your arguments and gathering evidence to put you in the best possible position for success.
Facing Deportation? Call Now To See If You Are Eligible For An Immigration Waiver.
If you are facing a removal proceeding and the possibility of deportation, our team can help you understand whether you are eligible to apply for a waiver. Call our office today at 305-686-3187 or send us an email to schedule an appointment. We accept credit cards for payment and offer appointments over the phone, online or in person. Se habla español.