Criminal Deportation & Removal Proceedings
Adjustment of Status
Adjustment of status (“AOS”) is a procedure that allows an eligible applicant to become a lawful permanent resident of the United States without having to go to a foreign country and apply for an immigrant visa.
You are eligible for asylum in the United States if you have been persecuted or have a well-founded fear of persecution in your country based on religion, race, political opinion, nationality, or membership in a particular social group.
Cancellation of Removal for LPRs
In order to be eligible for cancellation of removal for LPR, a permanent resident must show three things:
- Has had a green card for at least five years
- Has continuously resided in the United States for at least seven years
- Has not been convicted of an exasperated felony
Cancellation of Removal for non-LPRs
In order to be eligible for cancellation of removal for non-LPR’s you must:
- Have been a person of good moral character for at least ten years
- Have been physically present in the US for a continuous period of ten years prior to the institutional proceedings
- Are not acceptable under §212(a)(2) or (3) criminal and security grounds, or punishable under §237(a)(1)(G) marriage fraud, (2) criminal grounds, (3) failure to register and falsification of documents or (4) security and related grounds.
212(i) Fraud Waivers
Fraud waivers under 212(i) are for inadmissible fraud applicants who are seeking admission as a nonimmigrant into the US.
212(h) Waivers of Criminal Conduct
Persons with a criminal conviction still may be able to keep their green card and avoid deportation if they qualify for a 212(h) waiver. There are three different types of 212(h) waivers:
- 15-Year Waiver-You must demonstrate the inadmissible activities that occurred more that fifteen years ago.
- Extreme Hardship Waiver- If you are not accepted as valid due to and qualifying criminal conduct.
- Battered Spouse Waiver- If your spouse is a US citizen or a green card holder and has put you through extreme cruelty.
This waiver is for persons who would like to avoid deportation due to convicting a crime and have been placed in removal proceedings. It is important to note that the 212 (c) waivers is a discretionary