Waivers of Inadmissibility

Dallas Immigration Defense Lawyers

Fighting for family unity, one case at a time

Many cases end up before an Immigration Judge in removal proceedings. The hearing allows the judge to weigh evidence and decide, first, if you should be removed from the United States and, if so, whether your removal can be prevented by waiver. You may be subject to deportation if you:

• Entered the United States without prior authorization
• Violated the terms of your visa
• Engaged in criminal activity
• Affiliated with certain prohibited organizations
• Compromised the interest of national security
• Are afflicted with certain illnesses

Yet, a number of different waivers are available. If you are facing immigration problems, do not face Immigration and Customs Enforcement (ICE) alone. Call Saenz-Rodriguez & Associates for a consultation.

There are a couple of basic types of waivers available.

Cancellation of Removal and Adjustment of Status. For lawful permanent residents and certain classes of individuals charged with deportable offenses, you may be eligible to have your removal proceedings cancelled if you meet certain qualifications, including:

• Continuous physical presence in the United States for at least than 10 years
• Being a person of good moral character during such period
• Have not been convicted of a felony or aggravated offense, and
• Establishing that removal would result in exceptional and extremely unusual hardship.

237(H) waiver. Waives misrepresentations made during the admissions process. A 237(H) waiver enables you to stay if you can prove the "extreme hardship" standard above.

H waiver. Waives criminal grounds of inadmissibility. Under this waiver, the "extreme hardship" must be suffered by spouses, parents, or children. Types of hardship may include separation issues, health issues, or economic loss. The court largely adjudicates the waivers on a case-by-case basis.

Contact a Dallas immigration defense lawyer for an initial consultation.