Helping Immigrants Manage Criminal Charges
Everyone makes mistakes in life. However, for immigrants living and working in the United States, those mistakes could lead to much more serious consequences. When immigrants are barred from advancing their citizenship interests or face deportation due to their criminal charges, a waiver may be their only option for maintain their good graces with the United States federal government.
At Arias Villa Law, I’ve worked with countless immigrants like you looking for waivers. I understand how anxiety inducing the consequences you face can be and I am here to help.
What Is An Immigration Waiver?
Immigration waivers are presented before Citizenship and Immigration Services (CIS) when the person is applying for adjustment of status or before the immigration judge when the immigrant is in removal proceedings. Depending on the type of waiver requested, the immigrant must fill out a CIS form, attach payment, and enclose the evidence proving the waiver’s availability for that particular immigrant. Waivers may also be filed at the U.S. consular office abroad. If the application for a waiver is successful, the immigrant can be admitted to the U.S. or have their deportation waived. Most immigration waivers can only be applied once. Thus, those who have already conferred the benefit of an immigration waiver must avoid committing any other offense that may render them inadmissible or deportable because there may not be a second chance.
Who Can Apply For A Waiver?
The Immigration and Naturalization Act (INA) mandates that certain immigrants are either inadmissible or removable (deportable) from the United States if specific legal grounds apply. Inadmissible or deportable immigrants could be lawful permanent residents (LPRs) or non-lawful permanent residents.
Determining If Someone Is Inadmissible vs. Deportable
It is crucial to determine whether an immigrant is inadmissible or deportable because INA dedicates different chapters and rules to these two categories. Indeed, the relief available for the immigrant depends on whether they are inadmissible or deportable. Immigration waivers are examples of available relief to inadmissible and deportable immigrants. It is fair to define an immigration waiver as an immigration pardon that, if successful, allows the immigrant to remain in the United States. INA provides several types of waivers that may be applicable. These can depend on the reason for inadmissibility or removability and the facts surrounding their case.
When Can Waivers Be Used?
In practice, most waivers are used when the immigrant is inadmissible or deportable because they got convicted of a criminal offense. However, there are waivers for other grounds of inadmissibility or deportability. Not all criminal convictions, however, allow the immigrant to apply for a waiver. For instance, criminal convictions for aggravated felonies, terrorism, and certain domestic violence cases, among others, do not allow an immigrant to apply for an immigration waiver.
How Do I Qualify For A Waiver?
To qualify for a waiver, specific requirements apply, such as length of physical presence in the U.S. and the existence of a qualifying family member –usually spouses, parents, or children. It is important to consult an immigration attorney to help you determine whether you may qualify for an immigration waiver. They can help at the beginning of the criminal case, allowing a criminal law attorney to choose a plea that may reduce your charges if you are convicted of a crime.
Get Help From An Empathetic Immigration Lawyer
I can advise and represent you in your petition for an immigration waiver before CIS or the immigration court. Are you an immigrant who’s been indicted? Contact our Miami office today by calling 305-233-3110.
I also work closely with a criminal law attorney who may help you with the criminal aspect of your case. That way, your complicated legal issues can be handled by people with extensive knowledge and experience in their fields who can help you.