Houston Provisional And Extreme Hardship Waivers Lawyer
Zavala Immigration Lawyer Provides Support For Every Element Of Immigration Waiver Matters
Beginning on August 29, 2016, if you are the spouse or child of a U.S. citizen or Permanent Resident, you might qualify to apply for this provisional waiver / stateside waiver without having to leave the United States. This provisional I-601A waiver was a great implementation to keep the family unit intact.
Although you will be required to continue with your consular process and have your immigrant visa interview outside of the United States, an approved I-601A waiver means that you will be returning in a matter of a couple of weeks as a permanent resident of the United States. Contact Zavala Immigration Lawyer and speak to us about your situation. We are here to help you.
Other Immigration Waivers
You can request consideration for DACA if you meet the following guidelines:
- Arrived in the U.S. before 16th bday
- Continuously resided since June 15, 2007, up to the present time
- Were under the age of 31 as of June 15, 2012;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered the U.S. without inspection before June 15, 2012, or had lawful status expire on June 15, 2012
- Currently in school or have already obtained a high school diploma or GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
2,) Temporary Protected Status – If the conditions in your home country are deemed to be unsafe, you may be eligible to receive Temporary Protected Status. This allows you to live and work in the U.S. and travel back and forth without fear of being placed in deportation proceedings.
The Department of Homeland Security classifies the following conditions as unsafe:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as an earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
Countries eligible for TPS: El Salvador, Guinea, Haití, Honduras, Liberia, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Yemen, and Syria.
3.) Immigration Relief for Victims of Crimes – U.S. Immigration Law provides three different visas for victims of crimes who want to stay in or come to the U.S.
- VAWA visa: If you are an immigrant woman and a victim of domestic violence, child abuse, or elder abuse, you can “self-petition” for lawful permanent resident status under the Violence Against Women Act
- The “U” visa for victims of serious crimes (10,000 given out per year) that have suffered serious and ongoing harm and cooperated with law enforcement to bring the perpetrator to justice
- The “T” visa for victims of human trafficking, allowing them to remain in the U.S. to assist in an investigation or prosecution of human trafficking
If you have received a final order of deportation and are in danger of being immediately deported, we can file an emergency motion for stay of removal with either the Board of Immigration Appeals or a Federal Court. This order can suspend the authority of the Department of Homeland Security to execute the order of deportation. A request for an administrative stay of removal requires the filing of an official form I-246 and a filing fee of $155. A stay can be granted for three months up to one year.
ICE may grant a stay for sympathetic family, social, health or economic factors.
5.) Voluntary Removal/Departure
If you are in removal proceedings and have no legal means of staying in the U.S., you may qualify for a form of discretionary relief known as “voluntary departure.” This essentially means you would leave voluntarily versus waiting to be deported. You can leave on your own terms without the stigma of being “deported.”
Whereas individuals who are being deported must leave the country within 30 days, you will be given 60-120 days to get your “affairs in order” and to make living arrangements in your home country. The main benefit of a voluntary departure is that you won’t be automatically barred from returning to the U.S. at a later time.
A few key requirements:
- Have been present in the U.S. for at least one year
- Have been a person of good moral character for the previous five years
- Withdraw any other applications for relief, such as for cancellation of removal
- Admit that the DHS allegations regarding your removability are true
- Waive your right to appeal the judge’s decision on your case
If you are also pursuing family-based visas or have questions about adjustment of status, visit our Immigration for Families page for support with I-130 petitions, fiancé(e) visas, and permanent residence applications. Those dealing with work visas or employer-sponsored immigration should see our Immigration for Businesses & Employees services, and individuals facing removal proceedings can find advocacy options on our Deportation / Removal Defense & Bonds page. For clients pursuing long-term status and civic participation, our Citizenship & Naturalization page offers complete support for the naturalization process. These connected resources help ensure you get comprehensive legal guidance throughout your immigration journey.
