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Waivers of Removal

North Carolina Immigration Lawyer

There are several provisions under the Immigration and Nationality Act that allow the removal of an immigrant to be waived. These waivers demand that the alien being removed have a comprehensive understanding of the laws set in place and knowledge that his or her rights must be protected. Our North Carolina immigration attorneys from Brown Immigration Law have the ability to inform the immigrant of any waivers that might be available to them.

Types of Waivers

Waiver 212(c) was restored to provide relief to thousands of aliens who are deportable from the United States. It demands that federal courts maintain habeas corpus jurisdiction against immigrants who are now criminals of the country. This relief is also available to those who pleaded guilty when 212(c) would have provided the relief they needed. This waiver enables legal permanent residents to remain in the country, even if they are deportable as a result of a criminal conviction.

A 212(i) waiver allows for immigrants who are subject to removal because of fraud or misrepresentation found in any immigration document. This waiver is often used when an alien has used another individual's passport to enter the United States. Those who apply for a 212(i) waiver must be able to convince the U.S. Citizenship and Immigration Services that they have a "qualifying relative" who will suffer hardship without the alien's presence.

If you are facing a removal hearing or filing for adjustment of status, Attorneys Aleksandar Cuic, Rishi Oza, Erin Brown, and Robert Brown from our firm can help you apply for a 212(h) waiver. It can be based on either a 15-year waiver or the hardship to a family member if you are removed from the country. The waiver can still be denied even if either of these principles is established.

It is important to enlist the help of one of our lawyers from Brown Immigration Law. Contact our firm today!

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