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Waivers

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Updated: 4/13/2007 6:36 pm
If you’re subject to exclusion or deportation proceedings, you can ask the immigration court to forget or waive the particular ground that makes you ineligible to enter or remain in the United States. (Waivers can be difficult to receive, given the standards that you must meet, but it’s possible if you can prove that deportation would result in extreme hardship based on family relationships or persecution in your home country because of religion, race, political opinion, or membership in a social group.) Other factors that can help your case to receive a waiver include significant family ties in the U.S., a history of gainful employment in the U.S., and long-term residence in the United States, especially if it began at an early age. If you’ve committed a crime in the past, it won’t necessarily exclude you from receiving a waiver but you’ll need to show evidence of remorse or rehabilitation. Generally, if you’re being deported because you committed fraud or misrepresented yourself on a visa application, you may still be eligible to apply for a waiver, despite your transgression, if you can prove that deportation would result in causing hardship for you or your lawful permanent resident or U.S. citizen spouse, child, or parents. If granted a waiver, it will allow your application for relief from deportation or exclusion to be granted. It’s important to note that waivers are granted at the discretion of the immigration courts. Thus, the ability to receive a waiver is decided on a case-by-case basis.
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