Applicants must show that the harm they suffered or fear they will suffer rises to the level of “persecution” and that harm is based on race, religion, nationality, membership in a particular social group, or (actual or imputed) political opinion. Asylum, Withholding of Removal and Relief under the Convention Against Torture: Those present in the United States who have suffered past harm, or fear that they will suffer harm upon return to their home country, may be eligible for asylum, withholding of removal or relief under the Convention Against Torture. These waivers most often have to be filed simultaneously with other applications, but are sometimes required in order to prevent deportation.ĥ. Certain “bad acts” such as lying to get an immigration benefit, being “inadmissible” at time of entering the country, or “smuggling” one’s own spouse or child, for example, may need a waiver in order to obtain a given benefit. Noncriminal Waivers: A noncitizen in Immigration Court proceedings may need to file noncriminal waivers to obtain benefits such as U visas or permanent residency based on a family relationship or employment. Learn more about criminal immigration here.Ĥ. Occasionally, someone who is not yet a permanent resident can apply for permanent residency in conjunction with the 212(h) waiver to waive a crime that would otherwise cause the application for permanent residency to be denied. Criminal Waivers: Criminal waivers – such as 212(c), 212(h) and EOIR-42A Cancellation of Removal for Legal Permanent Residents – are available to certain permanent residents who are being charged with deportability due to a criminal past. In most circumstances, the I-751 petition can be renewed as a defense to removal before an Immigration Judge. Renewal of Form I-751 Removal of Conditional Residence: It is not uncommon for a conditional permanent resident to be placed in removal proceedings if he or she fails to timely file the I-751 petition to remove condition on residence, or even after timely filing, the I-751 is denied by USCIS for other reasons. Learn more about marriage-based green cards here.Ģ. Most often this is based on a family-based petition, but in some circumstances it can also be based on an approved employment-based petition. In most cases, the application for permanent residency - or “Adjustment of Status” - must be based on an approved immigrant visa petition. Applications for Permanent Residency / Adjustment of Status: While most green card applications are filed before someone is placed in removal proceedings, it can occasionally be used as a defense to deportation. R Religious Worker Visas and Correlating I-360 Green Card Processġ.
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How To Obtain An I-94 After Entry To The US.EB-1C Managers and Executive Transferees.H-1B1 Visas for Chileans and Singaporeans.I-212 Waiver: After Order of Removal or Deportation.Parole In Place (PIP) for Family of Military Personnel.NACARA & Temporary Protected Status (TPS).DACA (Deferred Action for Childhood Arrivals).Individual/Family Immigration & Removal.
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