Inside the U.S. Deportation Process: Your Guide to Deportation Waivers – How to Avoid Removal in 2024

Who Qualifies for a Deportation Waiver?

Not everyone facing deportation qualifies for a waiver. Eligibility depends on your immigration status, the reason for deportation, and your specific circumstances. Below, we’ll break down the most common types of deportation waivers and who qualifies for each one.

1. Waivers for Lawful Permanent Residents

If you are a lawful permanent resident (LPR), or green card holder, and find yourself in removal proceedings due to a criminal conviction or other violations, you may still qualify for relief. LPRs who meet certain criteria can apply for a deportation waiver under cancellation of removal.

Eligibility for Lawful Permanent Resident Waivers:

• You must have been a lawful permanent resident for at least five years.
• You must have lived continuously in the U.S. for at least seven years after being admitted in any status.
• You must not have been convicted of an aggravated felony.

LPRs who are able to prove that their removal would cause extreme hardship to their U.S. citizen or lawful permanent resident family members may also strengthen their cases.

2. Waivers for Non-LPR Immigrants

If you are not a lawful permanent resident, you might still be eligible for relief under cancellation of removal. This type of waiver is available to undocumented immigrants or individuals without permanent resident status who meet specific requirements.

Eligibility for Non-LPR Waivers:

• You must have been physically present in the U.S. for at least 10 years.
• You must demonstrate that you have been of good moral character during this time.
• You need to show that your removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member, such as a spouse, child, or parent.

Non-LPR waivers are a common form of relief for immigrants who have been in the U.S. for a long time and have close family ties in the country.

3. Waivers of Inadmissibility

If you have been deemed “inadmissible” to the U.S., meaning you do not meet the legal standards to enter or stay in the country, you may apply for a waiver of inadmissibility. This waiver can help those who have committed immigration violations, such as overstaying a visa or committing fraud.

Common Grounds for Inadmissibility:

• Overstaying a visa.
• Making false claims to U.S. citizenship.
• Engaging in fraud or misrepresentation to gain an immigrant visa or other benefits.

To qualify for a waiver of inadmissibility, you must demonstrate that your removal would cause hardship to a qualifying U.S. citizen or lawful permanent resident family member.

4. Provisional Unlawful Presence Waivers

If you are in the process of applying for an immigrant visa but have been living in the U.S. unlawfully, you may need to apply for a provisional unlawful presence waiver. This waiver allows you to apply before leaving the U.S. for your consular interview abroad.

Eligibility for Provisional Unlawful Presence Waivers:

• You must be physically present in the U.S. at the time of applying.
• You must have an immigrant visa case pending.
• You need to show that refusal of your entry into the U.S. would cause extreme hardship to your U.S. citizen or lawful permanent resident family members.

This waiver is designed to shorten the time families are separated while waiting for a visa abroad. It is available to visa applicants who meet all eligibility criteria.

5. Criminal Waivers

If you have a criminal conviction that puts you at risk of deportation, you may still qualify for relief through a criminal waiver. Criminal waivers are available to individuals who have committed certain crimes but can demonstrate that they deserve a second chance.

Eligibility for Criminal Waivers:

• You must prove that your crime does not disqualify you from relief, such as not being classified as an aggravated felony.
• You must demonstrate that your deportation would cause significant harm to your U.S. citizen or lawful permanent resident family members.

Criminal waivers are often complex and require legal expertise, so it’s recommended to work with an experienced immigration attorney to present the best case.