Practice Areas

Available Waivers in the Removal Process

Lawful permanent residents (LPR) facing removal, who wish to remain in the United States, may be able to do so if they are eligible for a removal waiver.  If a person is found to be deportable they may be able to overcome such a finding under 212(h) which takes into consideration social and humane considerations (e.g. exceptional circumstances of hardship) as well as U.S. interests.  This waiver is not available for non immigrants.  When facing deportation, an LPR may be granted a 212(h) waiver if they are able to show extreme hardship to a parent, spouse or child who is an American citizen or legal permanent resident.

The 212(h) waiver requires a balancing of the hardship with the nature and severity of the underlying cause of deportation.  Being able to show strong family ties in the U.S. and showing good moral character, aside from the deportable offense, would help in obtaining a hardship waiver of removal   However, if an individual has committed violent or dangerous crimes, such as aggravated felonies, the odds of being granted a 212(h) are greatly diminished.

LPR’s, who entered lawfully in any status and who have resided in the U.S. for at least seven years, who have pled to a crime before April 24, 1996 can be granted a cancellation of removal if they now face removal proceedings because of that previous crime.  They do not need to prove extreme hardship, instead they need to demonstrate rehabilitation and prove that they no longer pose a danger to the community.

For crimes committed after April 24, 1996, an order of removal may be cancelled by the Attorney General if a lawful permanent resident was lawfully admitted for permanent residence over five years ago, has resided in the U.S. continuously for a minimum of 7 years after the initial admission in any status, has shown good moral character during that period of time and has not been convicted of any aggravated felony.

There is also a special waiver of removal for battered spouses and children of U.S. citizens and LPR’s.  Under such circumstances the Attorney General can cancel removal of the battered spouse or child if they meet certain conditions, such as 3 years of physical presence in the U.S., good moral character during that period, no aggravated felonies and a demonstration of extreme hardship that would result to the alien or to the alien’s child or parent.

When faced with removal proceedings, it is crucial for any individual to seek out legal representation to protect their rights and interests.  The expertise and experience at Shihab & Associates, Co., can provide you with the assistance and counsel you will need to determine whether or not a waiver may be available to prevent your removal.