Immigration Attorneys Who Are Distinguished

Waivers of inadmissibility and deportability in Removal Proceedings

If I am removable from the United States, can I still get relief?

If you are in removal proceedings, there are several different types of discretionary waivers available that may allow you to get relief from removal. Applying for these waivers requires a high degree of diligence and skill in order to ascertain that each waiver ground is presented persuasively. At The Law Firm of Shihab & Associates, Co., LPA, we have decades of combined experience successfully representing our clients in removal proceedings. If you have questions about removal, contact us for a consultation.

There are several types of waivers that may prevent you from being removed

You may be eligible for one or more of these six specific waivers of inadmissibility, based on (1) certain health-related grounds, (2) criminal conduct, (3) fraud or misrepresentation, (4) unlawful presence, (5) nonimmigrant waiver, and (6) waiver for asylees and refugees. You may also be able to request permission to return to the United States after a formal removal order in some cases. In addition, you may be eligible for two waivers of deportation grounds, (1) waiver of material misrepresentation and (2) waiver of domestic violence grounds.

How does the government decide whether I am eligible for a waiver?

The U.S. citizenship and Immigration Services (USCIS) and the Immigration Judge (IJ) have the discretion to grant a waiver. This means that even if a person meets all of the statutory requirements for a waiver, the waiver can still be denied if the USCIS or the IJ believes that the person is not worthy or if the evidence was not persuasively presented. All the positive and negative factors in the case are examined, and in more serious cases, more positive factors are necessary. It is imperative to retain competent legal counsel with the experience to recognize all the positive factors available to you in order to present the strongest possible case. Contact us for an evaluation of your case.

Can I get relief if my removal would cause extreme hardship?

Several inadmissibility waivers require a showing of extreme hardship. Extreme hardship is more than the ordinary hardship suffered from being separated from family and U.S. lifestyle. To show extreme hardship, you would normally have to show something out of the ordinary, such as financial hardship to yourself and family in your home country, loss of specific educational opportunity, or a special medical hardship. However, there are certain factors that will not be considered when taken alone, such as the birth of U.S. citizen children, reduction of standard of living, and lower quality of medical facilities, or lower educational facilities in your native country. However, a competent attorney can use these factors, when presented along with other factors, to make your case more favorable because the government is required to look at all the factors in your case cumulatively. The government is currently strongly considering a new process to pre-adjudicate hardship waivers for immediate relatives of US Citizens and who are subject to the three and ten year bars due to their illegal entry into the US. Contact us for more details.

Contact us for a consultation

If you have questions about removal, deportability, inadmissibility, or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in defending foreign nationals in removal proceedings, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.

Client Reviews
I had a really hard case then after dealing with many attorneys I decided to work with Mr Shihab and his office and that was the best decision I took, how professional they are, how good and fast they are I was treated from day 1 like a family member not just a client Ramez
Atty. Shihab helped me navigate several issues that I had never faced before... he made it easy and supported me immediately if I had any questions, and his suggestions were top-notch. Avvo user
If you want to hire the best Immigration Attorney, hire Attorney Shihab. He will go above and beyond anyone's expectations, and stays on top of your case. He keeps you informed and up to date on deadlines, interviews and what to expect. Keith
Atty Shihab's record really speaks for itself, but more importantly, each client is treated with the upmost respect and dignity. He and his entire staff makes you feel as if you are the only client in their office. Rhonda
Mr. Shihab was recommended to me when the attorney my sister and I used failed to process our papers on time. From the beginning, I have consistently experienced exemplary service and very thorough knowledge of his profession. Amruta