Waivers

PPID Immigration lawyers work to secure deportation waivers and advocate on behalf of individuals targeted for removal.

If you have received a Notice to Appear at a removal hearing, you might think your life in the United States has come to an end. But even if U.S. Citizenship and Immigration Services (USCIS) has a case against you, deportation is not inevitable. You have due process rights, and immigration judges have the discretion to offer leniency. A common remedy is a waiver of deportation, where the court simply declines to press the case against you because of the hardship it would cause to those close to you.

There are many reasons why a lawful permanent resident (green card holder) or a nonimmigrant visa holder might face removal. A Notice to Appear can be triggered by many factors, from a misrepresentation on a visa application to a drug possession charge. There are different types of waivers for different circumstances, but generally, an immigrant must present proof of good character, as well as evidence that deportation would result in extreme hardship for himself or a spouse, parents or children who are U.S. citizens or lawful permanent residents.

Under U.S. immigration law, the extreme hardship that would justify a waiver must go beyond the natural physical, emotional, and financial consequences of the immigrant being returned to his or her nation of origin. Therefore, the court does not consider family separation in itself to be an extreme hardship. There must be extenuating circumstances. For example, if the immigrant were caring for an elderly parent whose health would be jeopardized if the immigrant were deported, a judge could grant a waiver, provided the character evidence also weighs in the immigrant’s favor.

As regards the immigrant, the loss of a career or diminished standard of living would not be considered extreme hardship. However, if the immigrant’s nation of origin was suffering from political oppression, war, or the aftermath of a natural disaster, sending the immigrant back home might constitute extreme hardship.

To make your best case for a waiver of deportation, you need the advice and assistance of experienced immigration attorneys.

Our legal team is ready to support your efforts to remain in the United States. Contact a PPID attorney to learn more about your options.

Possible Outcomes — If a waiver is granted, the deportation process may be halted, and the individual may be able to adjust their immigration status.
If denied, the individual may proceed through the deportation process and may have limited options for appeal.

Changes in Law or Policy — Law and policy changes, impacting the availability and processing of deportation waivers.

Each case is unique. A thorough evaluation of your situation is necessary to determine your options and next steps concerning deportation waivers.