The Immigration and Nationality Act (INA) allows immigration judges to waive removal or deportation of immigrants so long as certain conditions are met. Deportation lawyers offer help and expertise in the removal proceedings with filing all documentation and providing the necessary evidence of the applicant’s qualifications. Listed below are five ways in which the deportation of an immigrant may be halted.
Cancellation Of Removal And 212(C) Waivers
Immigrants who have committed minor offenses and can show that their good behavior outweighs any crimes committed can apply to obtain a waiver of removal or deportation. In order to qualify, the cancellation of removal applicant must be a lawful permanent resident for 5 years, must have lived in the U.S. for 7 consecutive years, and must not have been convicted of an aggravated felony.
A 212(c) waiver may apply to an immigrant who has an older conviction that took place before April 24, 1996. In order to qualify for a 212(c) waiver, the applicant must be a lawful permanent resident, must have lived in the U.S. for at least 7 years, and must not have served longer than 5 years for an aggravated felony.
When seeking cancellation of removal or waiver, the applicant can show proof of good character through job history, length of time in the U.S., family ties, payment of income taxes, etc.
Cancellation Or Removal For Non-Permanent Residents
If the applicant has never had a green card, he can still request a cancellation of removal. An immigration judge can cancel the removal or deportation of the non-permanent resident and issue a green card. The cancellation of the deportation can be issued if the immigrant can show: residency in the U.S. for at least 10 years, good moral character, no deportable criminal offenses, and deportation would cause unusual hardship for an American family member, usually children.
Immigrants who have suffered persecution or have fear of persecution based on race, religion, nationality, political opinion or membership in a social group can apply for political asylum. Immigrants must apply within one year of coming to the U.S. and can include a spouse and children who are unmarried and under the age of 21.
The U visa can be granted to immigrant victims of violence who have suffered mental and physical abuse and are willing to cooperate with law enforcement in the investigation and prosecution of criminal activity. The U visa stops deportation and results in a green card at some point. The purpose of the U-visa is to help law enforcement investigate and prosecute crimes while protecting the victims who are willing to help with the investigation and prosecution.
The applicant may request voluntary departure to avoid deportation. This makes it easier to return to the U.S. legally in the future. The court may grant voluntary departure if the applicant can show: physical presence in the U.S. for at least one year; good moral character for at least 5 years; not removable for aggravated felony or terrorism; can pay your way back to your country; can post your departure bond, and have not received voluntary departure before after being in the U.S. without admission or parole. Most criminal convictions make it difficult to receive a voluntary departure.
If you or a loved one are facing a removal proceeding, our deportation attorneys in Houston are ready to assist you with your deportation case. Davis & Associates are dedicated deportation lawyers with many years of experience and knowledge with removal proceedings and appeals.