Waivers may be available for certain criminal conduct and misrepresentations (even marriage fraud) if you are facing removal from the U.S. If successful, a waiver grant forgives the prior conduct that landed you in deportation proceedings and you are allowed to stay in the United States. But waiver cases are large undertakings. The burden of proof is on the immigrant to show that you qualify for the waiver. In immigration proceedings, the process is very adversarial and it is the ICE attorney’s position that you are inadmissible or deportable. ICE may fight you on whether you even qualify for a waiver. If you can prove your right to file, your waiver arguments can be picked apart and challenged by the ICE trial attorney and questioned by the Immigration Judge in your proceedings.
To be successful with any waiver application in court, you will have to have the right documentation to back up your arguments. Having the right attorney on your side who regularly handles waiver cases who can help you formulate your best arguments, avoid weaker arguments or conflicting arguments that undermine your case, and point you to the types of evidence that can enhance your arguments and help you build your credibility can make a huge difference in the outcome of your case. Waivers can be very emotional undertakings. They often rely on testimony of those closest to you, can seem very invasive and personal in the types of documentation you have to provide, and can be stressful to prepare and argue in court, with your life on the line.
Waivers may be available to you if you are undocumented and are in removal proceedings after having been charged as inadmissible due to lacking legal status. Waivers may also be available to you if you are in removal proceedings because you are a permanent resident who committed a crime that makes you deportable or lied to obtain your green card. Even if you did not know about a waiver possibility and have an existing removal order from years ago, it still may be possible for you to reopen your case and qualify for a waiver in certain circumstances.
On these pages, we’ve laid out more specific information about the most common types of waiver cases we see in removal proceedings, which may help you understand more of what’s involved and how we can help:
At SGG, our attorneys are known for handling complicated and non-traditional waiver cases that other attorneys refuse and even refer to us given the complicated or seemingly unsympathetic facts. We are skilled at helping the client form arguments and tell their story so the Immigration Judge understands the reasons behind why certain poor choices were made and why our client deserves a second chance. We may also be able to help you avoid filing a waiver altogether. Often, part of the fight is proving that you should be given the right to apply for waiver or that a waiver is not even required because the underlying criminal conduct does not rise to the level of a crime of moral turpitude, for instance, or does not trigger a criminal ground of deportation or the lie was not material and did not rise to the level of fraud required to land you in removal proceedings.
Contact us today to analyze your options and strategies that may be available to you in immigration court.