DEPORTATION-REMOVAL DEFENSE

RELIEF FROM REMOVAL

Depending on the specific facts of each case, there may be various forms of relief from removal available to prevent the foreign national from being deported from the United States. The following are commonly used forms of relief:

1. 212(c) waiver:
To be eligible for section 212(c) relief an immigrant must meet the following requirements:
(a) have 7 years of lawful permanent residence in the U.S.;
(b) pled guilty to a crime before April 24, 1996; and
(c) have not actually served five years or more in custody as the result of one or more aggravated felony convictions.

2. 212(h) waiver:
A waiver of inadmissibility under INA section 212(h) can be used for convictions involving moral turpitude, prostitution, and a single conviction of simple possession of 30 grams or less of marijuana. To be eligible for the 212(h) waiver generally, the immigrant must:
(a) have a qualifying relative who is a U.S. citizen or lawful permanent resident;
(b) show that removal would result in extreme hardship to the qualifying relative; and
(c) show that the alien has been rehabilitated;

3. 212(i) waiver:
A 212(i) waiver can be sought to waive an alien’s fraud or misrepresentation of a material fact in trying to procure a visa, other documentation, admission into the United States or other benefit under the INA. To be eligible for a 212(i) waiver, the immigrant must:
(a) be the spouse, son, or daughter of a U.S. citizen or LPR;
(b) establish that the qualifying relative will suffer extreme hardship if the waiver is denied.

4. 212(k) waiver:
A 212(k) waiver waives defective documents to enter the U.S.

5. Adjustment of Status:
An immigrant can avoid deportation by applying for adjustment of status. Depending on the circumstances of the case, the Immigration Judge may be able to adjudicate an adjustment of status application in Immigration Court.

6. Cancellation of Removal for Legal Permanent Residents:
To qualify for Cancellation of Removal the immigrant must satisfy the following requirements:
(a) has been an alien lawfully admitted for permanent residence for not less than 5 years;
(b) has resided in the United States continuously for 7 years after having been admitted in any status; and
(c) has not been convicted of an aggravated felony.

7. Cancellation of Removal for Non-Legal Permanent Residents:
To qualify for Cancellation of Removal the immigrant must satisfy the following requirements:
(a) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(b) has been a person of good moral character during those 10 years;
(c) does not have convictions of certain crimes;
(d) must show that removal would result in exceptional and extremely unusual hardship to a spouse, parent, or child who is a U.S. citizen or LPR.

8. Special Rule for Battered Spouse or Child:
The Attorney General may cancel removal of, and adjust the status of any foreign national previously lawfully admitted for permanent residence, or a foreign national who is otherwise inadmissible or deportable from the United States if the foreign national demonstrates that-

(a) he/she has been battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or lawful permanent resident (LPR). Foreign national could also be the parent of a child of a U.S. citizen or LPR, if the child has been battered or subjected to extreme cruelty by his/her other abusive US citizen or LPR parent;
(b) the foreign national has been a person of good moral character during such period;
(c) does not have convictions of certain crimes;
(d) the removal would result in extreme hardship to the foreign national, the foreign national’s child, or the foreign national’s parent.

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Root Law Group
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Alexey PankinAlexey Pankin
04:44 04 Dec 23
I recently had the pleasure of working with the incredible lawyers at Root Law Group, notably Daria. From my initial consultation until the successful resolution of my case, their expertise, professionalism, and dedication made a profound impact.
Zara IsmailovaZara Ismailova
14:11 30 Nov 23
Mihran StepanyanMihran Stepanyan
19:09 14 Nov 23
Working with this highly professional team made difficult and long process of applying for EB-1 GreenCard easy, clear and fast. I felt calm and confidently on every step. I really appreciate all the hard work and patience that Khaled Kaoud shared while working with me. He was always available and answered every possible question that I ever had. Also thanks to Igor, William and Daria for help and support during the working on my case. Working with Root Law Group was the best decision I did. And I undoubtedly recommend this professional, reliable and perfect team!
Georgi GrigoryanGeorgi Grigoryan
22:31 07 Nov 23
I am a business owner and operator abroad and I came to Root Law Group looking for immigration help. They told me that I was able to apply for EB2-NIW and they worked on my case nonstop. Even when USCIS requested more evidence, Daniel guided me throughout the entire process and helped ease my worries and concerns was an extremely helpful paralegal. After months of waiting, I was granted the I-140 Approval! I am extremely thankful for all the work Root Law did for me and super excited for adjustment of status when I become current. I look forward to working with Daniel, William and the entire team when that time comes and highly recommend their immigration services! This team cares and will try everything possible for your needs.
grigory ioffegrigory ioffe
18:05 01 Nov 23
I recently received approval for my visa application and would like to express my gratitude to Root Law, especially Igor for his excellent management, and Khaled for his legal assistance and guiding through the whole process.I want to acknowledge that despite several other lawyers suggesting that I had no chance of obtaining the visa, these professionals made it possible.
Artyom DavtyanArtyom Davtyan
23:21 20 Oct 23
Root Law's team is great, they did our case in just two months.Especially Igor and Khaled, thanks guys for the professionalism, care and dedication to your work. You studies every detail of the case and due to it it was done quickly.Will advise Root Law to my friends and relatives for sure
Melanie HusryMelanie Husry
01:32 28 Sep 23
After seeing such amazing reviews on Root Law Group I just knew I had to work with them. All the attorneys here are amazing and so helpful. I’m so happy with myexperience and for anyone looking for fast and helpful attorneys this is your place! Thank you so much for your patience with me Root Law Group it was a pleasure being your client!
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