Waivers in Immigration Court

Residents can sometimes do things that make them ineligible for immigration processes or even put them in danger of being deported or removed. However, they may be able to file Waivers in Immigration Court. If your waiver is approved, you may be able to win your case in immigration court even if you have made mistakes in the past. 

Life can be difficult at times, and if you have broken the law more than once, there may still be hope for your immigration case since Waivers can sometimes, depending on the type of waiver and the actions you’re requesting to abdicate, be stacked, or apply for more than one waiver under different sections of the Immigration Law. 

Consider the following example:  

Johny is married to a U.S. Citizen and eligible for a Green Card. He decides to do it all himself. In his application he decides to lie about how many times he had been married because his wife does not know about his previous marriage, nor his 19-year-old son who just became a U.S. Citizen.  His application is approved, and he gets his Green Card. Two years later, he is arrested for possession of less than 30g of marihuana. Later that year after paying a fine for the possession charge, he travels to Canada and upon return he is placed in deportation proceedings for the marihuana conviction. In deportation proceedings they found out about his son, and it comes to light that he lied when he got his Green Card. They want to deport him for misrepresenting himself and for possession of marihuana.

Additionally, because he does not have 5 years as a Lawful Resident, he is not eligible for Cancellation of Removal. In this case, Johny could request a Waiver for Misrepresentation (212(I)) and for a criminal offense relating to less than 30g of marihuana (212(h)) and try to readjust through his son. 

What do you do now? 

If you want to know if your past will catch up with you and you want to go with the safest bet, contact the J. Molina Law Firm. You can book an appointment online or call (469) 708-5800. Don’t hesitate and secure your life in the United States – J. Molina Law Firm’s team of experts will help you with your case and protect your American Dream!