Our firm is known for the waiver of inadmissibility for the spouse or fiance(e) of a U.S. citizen, and for cancellation of removal for someone already here in the States due to extreme hardship to his American-citizen spouse or child.

Cancellation of Removal and the Waiver of Inadmissibility

These are similar but distinct solutions; which may apply to you depends on your circumstances.

The application for a waiver of inadmissibility is a remedy available in certain circumstances for a condition that blocks a person from obtaining permanent-resident status. In its essence, the waiver is the pardon of the problem rendering a person ineligible for a visa even though he otherwise qualifies for it.

Cancellation of removal applies to those in deportation proceedings but for whom removal would pose an extreme hardship to an American citizen spouse or child.

You may need a waiver of inadmissibility if any of the following apply to you:

  • You have been unlawfully present for more than a year and are not eligible to adjust status from within the U.S. (e.g. entered without inspection less than ten years ago and did not have ‘papers filed’ for you before April 30, 2001.
  • You have committed misrepresentation or fraud
  • You have been convicted of a crime for which the maximum possible penalty is greater than one year
  • You have been convicted of simple possession of marijuana under 30 grams
  • You have HIV.

This is not a complete list of things for which you would need a waiver, but they are among the most common. If you entered lawfully on most types of visas, went out of status and later married a citizen, you probably don’t need a waiver. If already in removal proceedings, you may need cancellation of removal.

Please contact Attorney Benischek for a consultation on these matters.