REMOVAL OF CONDITIONS,
ILLEGAL PRESENCE WAIVER,
ADJUSTMENT OF STATUS,
FAMILY BASED IMMIGRANT VISA,
CANCELLATION OF REMOVAL,
LPR CANCELLATION OF REMOVAL,
NON LPR CANCELLATION OF REMOVAL,
SPECIAL JUVENILE IMMIGRANT,
NON-LPR CANCELLATION REMOVAL:
This is a defense available to those who entered the United States without inspection. To qualify for this defense you must be in removal proceedings and you must show that you have been living in the United States for a continuous period of ten years or more and have a US citizen or LPR spouse, child, or parent that will suffer exceptional and extreme hardship should the should you be deported.
Understand this is not an affirmative application filed with USCIS after ten years of presence in the United States. This is a defensive application; you can only obtain this relief if you are in removal proceedings in immigration court.
LPR CANCELLATION OF REMOVAL:
This is a defense available to United States Residents who find themselves in removal proceedings. In order to qualify you must show that you have been an LPR for 5 years and have 7 years of continuous presence within the US and you are not convicted of an aggravated felony.
Codified in INA section 212 states which grounds of inadmissibility are available for an immigration waiver. Common to all waivers is a showing of extreme hardship and is understood to mean hardship greater than what a qualifying relative could be expected to suffer should the applicant not be admitted. Extreme hardship is not a defined term in immigration and is determined on a case by case basis weighing the mitigating factors in favor of granting a waiver against the aggravating factors creating the need for a waiver.
MOST COMMON WAIVERS:
Fraud and misrepresentation waiver is used to pardon those who obtained an immigration benefit as a result of fraud or misrepresentation.
Illegal presence waivers is the most common ground of inadmissibility for which waiver applications are filed. This is a recently new waiver and is probably the one most applied for. This waiver permits a individual who entered the United States without inspection to avoid excludability bars of inadmissibility . Like all waivers it requires a showing of extreme hardship to a US citizen or LPR spouse or parent. A child or son or daughter is not a qualifying relative for these purposes.
212c waiver is a waiver available to an LPR for a criminal conviction occurring prior to April 24th, 1996. To qualify the LPR must show continuous for 7 years in LPR status and have not served 5 years or more for an aggravated felony conviction or convictions entered between November 29th, 1990 and April 24th, 1996.For those convicted between April 24th, 1996 and April 1st 1997 and are LPRs with 7 years of continuous presence and have not been convicted of an aggravated felony, firearms offense, espionage, treason, two crimes involving moral turpitude for which the possible sentence was year or more or illegal entry into the United States can also apply for the waiver. Key in obtaining this waiver is to show rehabilitation together with other positive factors mitigating in favor of granting the requested waiver.