Immigration Waivers and Removal Defense Attorneys

Certain J-1 exchange visitors are subject to the two-year foreign-residence requirement under INA § 212(e). Depending on the circumstances, a waiver may be requested through a no-objection statement, an interested U.S. government agency request, a claim of persecution, exceptional hardship to a qualifying U.S. citizen or lawful permanent resident spouse or child, or the Conrad 30 program for qualifying physicians. The appropriate procedure and agencies involved depend on the waiver basis.

Form I-601 may be used by eligible applicants to request a waiver of certain grounds of inadmissibility, including some unlawful-presence, fraud or misrepresentation, criminal, and other grounds. The available waiver, qualifying-relative requirement, hardship standard, and discretionary factors depend on the specific ground involved.

Form I-601A is narrower. It requests a provisional waiver only of the unlawful-presence grounds under INA § 212(a)(9)(B) before an applicant departs the United States for an immigrant-visa interview. Approval does not waive any other ground of inadmissibility and does not itself grant a green card or permission to remain in the United States.

Certain applicants who are inadmissible but seek temporary admission in a nonimmigrant classification may request a discretionary waiver under INA § 212(d)(3). Depending on the circumstances, the waiver may address grounds involving prior immigration violations, fraud or misrepresentation, criminal conduct, or other inadmissibility issues. Adjudicators balance the risk of harm, seriousness of the prior conduct, reasons for seeking admission, and other relevant circumstances.

Individuals in removal proceedings may have one or more possible defenses or applications for relief, depending on their immigration history, manner of entry, family relationships, fear of return, criminal record, prior orders, and pending immigration benefits. Available options should be evaluated individually and may be subject to strict filing, evidentiary, and procedural requirements.

Cancellation of removal is a discretionary form of relief available only in immigration court.

Certain lawful permanent residents may qualify if they have held permanent-resident status for at least five years, have at least seven years of continuous residence after admission in any status, have not been convicted of an aggravated felony, and otherwise satisfy the statutory and discretionary requirements.

Certain nonpermanent residents may qualify after at least ten years of continuous physical presence, good moral character, absence of specified disqualifying offenses, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. A grant of nonpermanent-resident cancellation results in adjustment to lawful permanent resident status.