Waivers & Cancellation of Removal Attorney in Providence, Rhode Island

No person is illegal - no human being is illegal. Not having status or proper documentation is not wrong or shameful. Contact the office, 401-273-4990 to discuss your options.

Hopefully, the new Biden Administration's proposed legislation for sweeping changes to the U.S. Immigration System will soon become law. Everyone at this firm is very excited about these changes and hopes that they will be passed in full by the House and Senate very soon! If you are able, we encourage contacting your local lawmakers to express your support for these changes that will make Green Cards more accessible and Naturalization a real option.

According to the 2019 Yearbook of Immigration Statistics from the U.S. Department of Homeland Security, about 359,885 undocumented immigrants were removed from the United States during the fiscal year of 2019. As ordered by the federal government, a foreign national may be deported from the United States. However, non-U.S citizen citizens and lawful permanent residents (LPRs or "Green Card Holders") who are in removal proceedings but have lived in the country for a number of years may apply for waivers or cancellation of removal.

The Savage law is committed to offering comprehensive legal guidance, advocacy, and reliable representation to clients in immigration matters, including deportation and removals. The firm will be available to discuss your unique situation and help you understand your possible legal options. An experienced Rhode Island immigration law firm will craft an effective legal strategy to pursue your case, fight diligently to protect your rights, and ensure that the removal proceeding is terminated.

The Savage law proudly serves clients facing deportation in Providence, Rhode Island, Boston, Massachusetts, and the surrounding areas.

What is a 212(c) Waiver?

A section 212(c) Waiver allows Green Card Holders (LPRs) of the United States who have been placed in removal (deportation) proceedings as a result of a criminal conviction to avoid being deported. Pursuant to Section 212(c) of the Immigration and Nationality Act (INA):

"Aliens lawfully admitted for permanent residence who temporarily proceed abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General."

Who Qualifies for a Waiver?

Under INA section 212(c), a lawful permanent resident (LPR) with a lawful domicile for at least seven years in the United States may be eligible for the waiver.

What is a Cancellation of Removal?

Cancellation of Removal can be described as an immigration benefit in which an immigrant facing deportation may apply to the Immigration Judge to seek relief from removal, terminate the removal proceedings, and change their status from a deportable alien to a person legally admitted for permanent residence. Foreign nationals and non-U.S citizens, especially those who have been firmly resettled in the United States for a long period of time, may be granted cancellation of removal or a waiver of inadmissibility, provided they meet the required conditions.

Who Qualifies for a Cancellation of Removal?

Both lawful permanent residents and non-permanent residents qualify for cancellation of removal. However, the requirements are different.

Permanent Resident

According to 8 USC 1229b(a), the Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien:

• Has been an alien lawfully admitted for permanent residence for not less than five years

• Has resided in the United States continuously for seven years after having been admitted in any status

• Has not been convicted of any Aggravated Felony

Non-Permanent Resident

According to 8 USC 1229b(b)(1), The Attorney General may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is Inadmissible or Deportable from the United States if the alien:

• Has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application

• Has been a person of good moral character during this period

• Has not been convicted of a criminal offense

• Establishes that removal would result in Exceptional and Unusual Hardship to the alien's spouse, parent, or child, who is a US Citizen or LPR

An experienced Waivers and Cancellation of Removal attorney can help review your eligibility, prepare the necessary documentation, and present your case diligently during the cancellation of removal hearing, to improve your chances of a favorable outcome.

Work With a Knowledgeable Attorney

Immigration laws throughout the United States are continuously changing. As a result, navigating the challenges of deportation or removal on your own can be difficult. Without proper guidance or representation, you may be unable to take advantage of the Cancellation of Removal option to seek relief in your removal proceedings. When faced with the possibility of deportation, retaining a knowledgeable immigration law attorney is crucial to ensure the best possible outcome for your case.

The Savage law is devoted to providing outstanding legal services and strong representation to individuals facing deportation. As your legal counsel, the firm will help you understand your unique situation, explore your available legal options, and determine whether you are eligible for cancellation of removal. Your representation will do everything available to help you seek relief from the federal government, terminate the removal proceedings, and make sure you or your family member isn't removed from the United States.