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Types of Removability Waivers
Deportation can be devastating to a family. If you were sent a notice of removal, it is best to hire a proven deportation defense attorney. One of the ways a lawyer might defend you against a deportation is by helping you obtain a removability waiver. Our Denver waivers attorney is available to discuss your options.
Depending on the circumstance of your removal, you could obtain one of three different waivers:
- Waiver of removability for unauthorized work
- Waiver of removability for overstay
- 212(h) waiver
Waiver of removability for unauthorized work
This waiver allows people who are eligible to get an employment-based visa to adjust their status despite past violations such as working unlicensed, failure to maintain a continuously lawful status, failure to be a lawful nonimmigrant when applying for permanent residence, or violation of the terms of a nonimmigrant visa. In order to apply for this, the applicant must be present in the United States pursuant to a lawful admission on the date of filing the application. Next, the person applying must not do of the following for 180 days:
- Fail to maintain a continuously lawful status
- Engage in unauthorized employment
- Any other violation of the terms and conditions of admission
Waiver of removability for overstay
If you overstayed your visa, you could also get a waiver of removability for overstay. These waivers are available to people who can demonstrate that their spouse, parents, or children would suffer extreme hardship if they are deported. However, extreme hardship can be difficult to prove.Those who have committed crimes of moral turpitude could also ask for a 212(h) waiver, but these only apply in cases where the person is not a national security threat and when they haven’t committed an aggravated felony. The person must also have lived continuously and lawfully in the United States for at least 7 years before the deportation case was brought against you. However, if you were here illegally, this waiver will not apply to you.
Immigration law is very complicated, which is why you will need the assistance of an experienced Denver deportation defense attorney. Our founding attorney, Brian Musell has spent his career defending people’s rights and advocating for social justice. Trust us to examine your case with care and with the knowledge of immigration law. Make sure you give yourself the best possible chance.