DEPORTATION AND WAIVERS

Immigration law provides certain types of relief from removal in the Immigration Court, the BIA and various Federal Courts. Among possible avenues of relief are:

(1) cancellation of removal for permanent residents;

(2) cancellation of removal for non-permanent residents;

(3) adjustment of status to permanent residence;

(4) asylum, withholding of removal and UN Convention Against Torture; and

(5) waivers of inadmissibility and deportability.

Eligibility for waivers of removability depends upon the alien’s ability to establish extreme hardship to his or her immediate family members if he were to be removed from the U.S. For instance, a person who has committed fraud or material misrepresentation may apply for a waiver under §212(i) if the failure to admit him to the U.S. would result in “extreme hardship” to his lawful permanent resident (LPR) or U.S. citizen (USC) spouse or parents. Similarly, a person who is inadmissible on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parents, or children.

In representation of aliens in deportation proceedings, we pursue the following major stages:

If an alien is detained by the USCIS, we seek his release (on his own recognizance or bond) from detention during removal proceedings;

We use our experience to persuade the USCIS to exercise favorable prosecutorial discretion;

We deny deportability or inadmissibility based on denial of one or more of the following legal doctrines and theories: alienage, conviction, admission of offense, reason to believe that individual is a drug trafficker, aggravated felony, crime involving moral turpitude, controlled substance offense, crime of domestic violence; and;

During removal proceedings, we examine the facts of the case, and possibly apply for one or some of the following types of relief from removal: termination of proceedings to permit naturalization hearing, application for 212(c) waiver, application for cancellation of removal, application for adjustment of status, application for 212(h) waiver of inadmissibility, application for 209(c) waiver of inadmissibility, application for asylum, withholding of removal, relief under Torture Convention.

Moreover, we pursue post-conviction relief tactics using statutory and case law. We cooperate with experienced criminal lawyers to vacate convictions and render an alien admissible and non-deportable.