Waivers & Appeals

Even if you are considered inadmissible or have been charged with removal from the country, hope is not lost. The caring and experienced Brownsville immigration lawyers at Square Law Group can guide you to opportunities for a better future.

There are several waivers and appeals that can be requested in order to avoid hardships that can affect your spouse, child, or parent. Attorney David Square can help you to figure out which one would be best to request for your specific situation.

Waiver Options

When an individual is considered inadmissible, they must apply for a waiver to gain entry into the U.S. In essence, a waiver “forgives” certain inadmissibilities that would prevent a foreign national from receiving a visa.

The most commonly requested waivers include:

Criminal Background Waiver:

You must prove that (A) your conviction occurred longer than 15 years ago and have been rehabilitated; or (B) your spouse or children would suffer extreme hardships from your removal from the U.S.

Misrepresentation or Fraud Waiver:

If you are approved for a Green Card due to information no longer accurate, it is considered fraud. To qualify for this waiver, a qualifying relative or individual must petition on your behalf.

Unlawful Presence Waiver:

An unlawful presence in the U.S. can lead to you being barred from the country for years. This waiver can pardon you and allow you to return or stay in the U.S.

Many types of waivers exist, so recruiting an experienced immigration law attorney is your best bet to identify which waiver is needed to help your specific case.

Immigration Appeals

If an immigration judge has ordered the removal of a non-citizen, all hope isn’t lost. Time, however, is of the essence. There are several options available to an immigrant including:

Appeals

A non-citizen must file for an appeal with the Board of Immigration Appeals (BIA) or with the Federal Court of Appeals within 30 days after a denial. The process can be long and difficult, but with the right immigration law attorney like the ones at the Square Law Group, success is more of a possibility.

Motions to Reopen or Reconsider

Even if an appeal is not possible or appropriate, these motions provide a non-citizen another chance to fight against deportation:

  • Motions to Reopen – This motion is called when a case must be reopened in order to consider evidence that wasn’t available before.

  • Motions to Reconsider – This motion asks the court to reconsider the decision made due to an error of fact or law.

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