For noncitizens, there are few greater nightmares than facing deportation. Lawful permanent residence in the United States is a privilege, not a right. That right can be taken away if you are convicted of a crime, or charged with a violation of other sections of the Immigration and Nationality Act.
Rudikh & Associates, LLC have extensive experience defending immigrants in deportation and removal proceedings in immigration courts throughout the United States. We also handle appeals of removal orders before the Board of Immigration Appeals (“BIA”) and before the U.S. Court of Appeals for the Third and Second Circuits.
Who is Subject to Deportation?
Anyone who is not a U.S. citizen can be deported if he or she is convicted of certain criminal offenses, such as crimes of violence, drug offenses, or crimes of fraud. One may also be subject to deportation if he or she is here illegally or entered the United States legally with a visa, but remained in the United States for a time longer than authorized.
If you commit fraud during your visa application or procure admission into the United States by fraud, you may face both deportation and criminal prosecution.
Filing a Waiver to Avoid Deportation
Depending on your immigration status and the crime you are charged with, you may be able to avoid deportation by filing for a waiver of the grounds of removal or inadmissibility. In considering whether to grant a waiver, an immigration judge balances the positive equities, such as family ties, employment history, and rehabilitation against the criminal conviction. As your lawyers, Rudikh & Associates LLC will appear with you before an immigration judge and will zealously represent you and fight to avoid deportation.
With many years of immigration and criminal law experience, Rudikh and Associates LLC can determine what types of criminal convictions would subject you to deportation and what defenses are available to keep you from being deported. We have successfully filed various Section 212 and Section 237 waivers as well as applications for cancellation of removal before the Immigration Court.
If the immigration judge denies your waiver, we can file an appeal for your case to be reviewed before the Board of Immigration Appeals and U.S. Circuit Courts of Appeals. We have successfully represented immigrants in removal cases and appeals throughout the states of New York and New Jersey.
Vacating Criminal Convictions
Sometimes the best way to win a removal case is to have the criminal conviction vacated. As your attorney, we will look for defenses that could lead to getting the charges dropped and terminating your deportation case. Discuss your removal case with experienced Immigration and Nationality Law Attorney. To arrange a consultation with an attorney at Rudikh and Associates LLC, call ——- or fill out the contact form.
I-601 – WAIVER
An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility.
Some people who have been found ineligible for a visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). Findings of ineligibility are usually made by a Consular Office during an immigrant visa interview, by an Immigration Officer during an adjustment of status interview.
When the I-601 waiver is filed outside of the US, the application and “evidence of extreme hardship” are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The Consular Officer forwards the form and supporting documentation to the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction for adjudicating the application. If the application is approved, USCIS sends approval notification to the appropriate Embassy for issuance of the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued.
Evidence of Extreme Hardship
Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse, fiance(e), or parent who is a United States citizen or a lawful permanent resident.
All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship.
Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship. The evidence is weighted under the totality of circumstances which means that USCIS should consider all the hardship in the aggregate.
Extreme hardship can be demonstrated in any aspects of the qualifying relatives’ life such as:
– HEALTH: Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or-short-term.
– FINANCIAL CONSIDERATIONS: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents); impact on credit history and its effect on future relocation; college loans; child support and alimony, etc.
– EDUCATION: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
– PERSONAL CONSIDERATIONS: Close relatives in the United States and/or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
– SPECIAL FACTORS: Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
– Any other situation that the applicant feels may help meet the burden of extreme hardship. The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative – not to the applicant.