Can A Waiver Help Me Avoid Removal?

Once removal proceedings have begun, there are a few limited options to halt these proceedings. However, it is certainly possible to prevent your removal if you qualify for a waiver.

There are several types of waivers that can halt deportation. One is for green card holders who are subject to deportation for committing certain crimes. Others are for undocumented immigrants, namely I-601A waivers and provisional unlawful presence waivers.

Waivers Of Removal

Various waivers of removal halt deportation proceedings depending on the crime committed by the green card holder. However, obtaining these waivers requires a compelling argument to the court, since granting these waivers is discretionary. At Oltarsh & Associates, P.C., our deportation waiver lawyers have successfully prevented deportation with discretionary waivers such as:

  • Provisional unlawful presence waivers
  • Health-related waivers
  • Fraud or misrepresentation waivers (including marriage fraud)
  • Unlawful presence waivers
  • Waivers on grounds of domestic violence

I-601 Waivers

Immigrants in the U.S. without current valid immigration are subject to deportation. Once deported, you can apply to come legally to the U.S. only after a 10-year re-entry ban.

However, a "601 waiver" can avoid the 10-year ban. In order to obtain such a waiver, you have to prove deportation would prove an "extreme hardship" to a U.S. citizen relative or spouse. There are many factors that a court will use to determine extreme hardship.

We Can Help You Explore All Options To Avoid Deportation

While a waiver is the most well-known method to stop removal proceedings, other options may exist. For example, you may be eligible for political asylum or a U visa if you cooperate with law enforcement about criminal activities of which you were the victim.

This is a complex area of the law, with significant stakes. To determine your best option, it is vital to consult with an experienced immigration lawyer familiar with how best to present arguments for waivers.

You can schedule a consultation with Oltarsh & Associates, P.C., a leading New York City immigration law firm, by calling 212-944-9420 toll free. If you prefer, you can also reach an attorney online and we will respond promptly. We provide legal services to clients in a variety of languages and have translation services available.