If you have received a Notice to Appear at a removal hearing, you might think your life in the United States has come to an end. But even if U.S. Citizenship and Immigration Services (USCIS) has a case against you, deportation is not inevitable. You have due process rights, and immigration judges have the discretion to offer leniency. A common remedy is a waiver of deportation, where the court simply declines to press the case against you because of the hardship it would cause to those close to you. At Pollack, Pollack, Isaac & DeCicco, LLP in New York City, our immigration attorneys have presented aggressive defenses in removal proceedings since the 1980s. When circumstances allow our client to apply for a waiver, we assemble relevant evidence to present a compelling case. When you trust us with your case, you get a knowledgeable and determined lawyer to fight for the outcome you deserve.
There are many reasons why a lawful permanent resident (green card holder) or a nonimmigrant visa holder might face removal. Everything from a misrepresentation on your visa application to a drug possession charge can trigger a Notice to Appear. There are different types of waivers for different circumstances, but generally speaking, an immigrant must present proof of good character, as well as evidence that deportation would result in extreme hardship for himself or a spouse, parents or children who are U.S. citizens or lawful permanent residents.
Under U.S. immigration law, the extreme hardship that would justify a waiver must go beyond the natural physical, emotional and financial consequences of the immigrant being returned to his or her nation of origin. Therefore, the court does not consider family separation in itself to be an extreme hardship. There must be extenuating circumstances. For example, if the immigrant were caring for an elderly parent whose health would be jeopardized if the immigrant were deported, a judge could grant a waiver, provided the character evidence also weighs in the immigrant’s favor.
As regards the immigrant, the loss of a career or diminished standard of living would not be considered extreme hardship. However, if the immigrant’s nation of origin was suffering from a political oppression, war or the aftermath of a natural disaster, sending the immigrant back home might constitute extreme hardship.
To make your best case for a waiver of deportation, you need the advice and assistance of experienced immigration attorneys. Our legal team is ready to support your efforts to remain in the United States. We fight with the skill and determination necessary to increase the likelihood of a favorable outcome.
Pollack, Pollack, Isaac & DeCicco, LLP in New York City assists foreign nationals in removal proceedings. If you wish to purse a waiver of removal, speak to a knowledgeable immigration lawyer. Call us today at 800-223-2814 or contact us online to schedule a consultation.
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