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Visa Ineligibility and Cancelation of Removal Waivers

Are you facing removal from the United States? Are you ineligible for admittance into the U.S.? Pozo Goldstein, LLP is dedicated to give people like you the legal representation they need. At the firm, we are committed to helping people deal with the complicated legal proceedings related to immigration law, removal, waivers and other matters. At the firm, our attorneys have the knowledge, skill and experience to help. If you are dealing with any matter related to immigration law, let a New York immigration attorney from our firm put decades of legal experience to work for you.

212(c) Waiver

Before 1990, individuals subject to deportation (removal) from the United States could file a section 212(c) waiver to remain in the country. Generally speaking, section 212(c) of the INA allowed individuals subject to removal from the country to stay in the United States if they were able to reasonably demonstrate that they had lived in the country for the past seven years. In 1990, 212(c) was amended by Congress so that individuals convicted of an aggravated felony or crime of moral turpitude were not eligible for a 212(c) waiver if they had served a prison sentence of five or more years. However, individuals convicted of a felony who were not sentenced to five or more years in prison were still eligible to receive the waiver.

In 1996, Congress added new criminal convictions that could disallow a waiver under section 212(c). In the Anti-terrorism and Effective Death Penalty Act of 1996, Congress decided that individuals convicted of certain drug crimes, crimes of moral turpitude and other aggravated felonies were not be eligible for relief under 212(c) – even if they had not served five years in prison. Eventually, 212(c) was repealed and replaced by a new form of discretionary relief – Cancelation of Removal. Through restricted, Cancelation of Removal allows certain individuals the ability to seek relief from deportation. For example, individuals must have resided in the United States for seven years before Cancelation of Removal will be granted. In order to qualify for Cancelation of removal you must:

  • Have lived in the United States for seven years
  • Have been convicted of the crime before 1996
  • Have been convicted of a crime eligible for 212(c) relief

Additionally, the lawful permanent resident must be able to establish that considerations in his/her favor considerably outweigh those held against him/her. Even if you meet all of these requirements, you still must be able to demonstrate that you deserve relief before an Immigration Judge will give it to you. For example, if you are able to demonstrate that you or your family will suffer significant hardship if you are removed, you may be granted Cancelation of Removal. Other favorable considerations include serving in the U.S. Armed Forces, any evidence demonstrating your value to the community and any evidence that proves that you have rehabilitated from past criminal convictions.

Visa Ineligibility

According to the Immigration and Nationality Act (INA), there are a number of visa types available to individuals who wish the travel to the United States. However, certain requirements must be bet before an individual will be allowed into the United States under a specific visa. If the individual does not meet the criteria laid out in the INA, he/she may not be admitted to the United States. However, the INA does allow certain individuals to qualify for a visa or immigration status by filing a visa ineligibility waiver. Other waivers allow legal residents to apply for cancellation of removal from the United States if they are already lawful residents but have been convicted of a felony.

212(h) Waiver

The 212(h) waiver is available to individuals who are applying for a visa and considered inadmissible to the United States. It may be filed in Immigration Court or with the Citizenship and Immigration Services. If you are applying for a visa and are found inadmissible, section 212(h) of the INA may offer you relief. However, you may not qualify for relief under 212(h) for a variety of reasons. For instance, you may be admitted to the U.S. if you are able to demonstrate that your felony conviction occurred more than 15 years ago, admission would not compromise national security or welfare and that you have been rehabilitated.

Additionally, you may be granted admittance into the United States if you can demonstrate that your spouse, children or other family members would suffer if you were not granted immigration status. For example, if your husband or wife is a lawful citizen of the U.S., you absence could result in significant financial hardship if you were not admitted to the country. In this case, the Attorney General may grant you relief under 212(h). Your application will be rejected if you have committed a crime involving murder or torture.

212(i) Waiver

If you are apply for a visa to the United States, your application may not be considered if you have been convicted of a crime involving misrepresentation or fraud – especially if you were convicted of a crime while trying to enter the U.S. However, you may be issued a waiver under section 212 (i) of the INA. If you are able to demonstrate that you have a family member (such as a spouse or child) in the United States who is a lawful citizen, you may be granted relief. Additionally, if your family is likely to suffer extreme hardship if you are not granted a visa, you are more likely to be admitted into the U.S. under immigration status. Your relatives’ connections to the country, health conditions, employment and other factors will also be considered. Finally, the financial, cultural and emotional impact of your ineligibility will be taken into consideration.

Contact Pozo Goldstein, LLP for a Consultation

If you are applying for a visa or facing deportation, an attorney from Pozo Goldstein, LLP can help. At the firm, we understand the importance of your future in the U.S. If you have family in the United States, we want to make sure that their best interest is kept in mind. We will fight aggressively to make sure that every available resource is exhausted to keep you from leaving the country. At the firm, we have more than 90 years of combined experience – let us put it to work for you. At the firm, we have a former judge and former U.S. immigration prosecutors on staff. With an inside knowledge of immigration prosecution, we can create an effective plan to help your case.

Our attorneys offer compassionate representation while maintaining an aggressive reputation in court. With a dedicated lawyer from Pozo Goldstein, LLP on your side, you can rest assured that your immigration case is in good hands. If you are facing an issue related to immigration and don’t know where to turn, our firm is the place to come for help. Fill out an online case evaluation to learn more about your specific legal circumstances or call our office today to see what an attorney from the firm can do for your immigration case. The sooner we hear from you, the faster we can begin working on an effective strategy to get you the case outcome you need. Contact us today!