Immigrants may be able to avoid deportation in the U.S. with a waiver of inadmissibility. Knowing the circumstances where waivers can help immigrants figure out whether they might be able to apply for one to prevent removal and deportation.
To learn how waivers can help you avoid deportation or for help with other matters related to your stay in the U.S., call Khalaf & Abuzir, LLC at 708-694-3859 to speak with a deportation waiver attorney in Chicago.
Common Grounds for Deportation Waivers
According to data from U.S. Immigration and Customs Enforcement (ICE), one recent year saw the removal of 71,405 immigrants from the U.S. While ICE continues to work toward the removal and deportation of undocumented immigrants, there are circumstances when individuals may be able to avoid deportation.
Specifically, immigrants may qualify for waivers, depending on their circumstances. Some of these situations include:
- Unlawful Presence: When immigrants stay in the country longer than permitted or re-enter the country illegally, it may be possible to obtain a waiver if the individual can prove that his or her absence from the country would result in extreme hardship for his or her loved ones in the U.S.
- Criminal History: If a crime occurred over 15 years ago or if a qualifying relative would suffer because of a denial due to a criminal background, immigrants with a criminal history may be able to apply for a waiver.
- Health-Related Grounds: Other cases may involve immigrants with certain types of communicable diseases or mental disorders. These individuals may qualify for a waiver if they can prove that their entry into the U.S. would help the public interest, has humanitarian grounds, or keeps their family together.
- Misrepresentation or Fraud: If an immigrant provided the government with false or misleading information on application forms or via false documentation, he or she may still be able to avoid deportation by proving that qualifying relatives would suffer extreme hardship following deportation.
In these cases, a qualifying relative includes either a lawful permanent resident (LPR) or U.S. citizen directly related to the immigrant, such as a spouse, parent, or child.
Step-by-Step Guide to Filing an I-601 or I-212 Waiver to Stop Deportation
To apply for a deportation waiver, the following are the key steps to take:
1. Know Your Grounds for Inadmissibility
Determine why U.S. Citizenship and Immigration Services (USCIS) and ICE have chosen to deport you, whether it’s for unlawful presence, a criminal history, misrepresentation, or another reason the agencies provided.
2. Collect Relevant Supporting Documentation
To prove hardship or another reason for a waiver, you must collect sufficient documents to support your application. For example, you will need to prove your relationship to qualifying relatives, such as marriage certificates. Additionally, you will need documentation showing how qualifying relatives would suffer hardship in the event of your deportation, such as financial records showing the relatives’ reliance on your income.
3. Complete and Submit Form I-601 or I-212
Depending on the situation, you would file either a Form I-601 waiver for deportation relief or I-212 to reapply after deportation. Specifically, if you are still in the U.S. and have not previously experienced removal or deportation, you would file Form I-601, Application for Waiver of Grounds of Inadmissibility. Conversely, following removal and deportation, you may file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
4. Attend an Interview
USCIS may require you to attend an interview to answer more questions about your application.
5. Await a Decision
Once you’ve completed all necessary steps, you must await a decision. If you’re wondering why USCIS is taking so long to make a decision, you may check the status of your application and seek guidance from an attorney.
How a Skilled Immigration Lawyer Can Strengthen Your Waiver Application
Instances of applying for a deportation waiver are among the common types of immigration cases lawyers typically handle. Contacting an immigration lawyer for deportation defense could provide you with the representation needed to successfully apply for a waiver of inadmissibility and prevent possible removal or deportation.
An attorney could sit down with you and review your case, including grounds for inadmissibility that might warrant applying with Form I-601 or I-212. He or she may also be able to represent you in removal hearings and help minimize the chances of deportation using other strategies. He or she can also answer various questions in a consultation, such as informing you of how much immigration lawyers charge.
Contact us today at Khalaf & Abuzir, LLC to schedule a consultation with our deportation defense lawyers, and see what we can do for you.
