Victoria Bezman

Waivers of Inadmissibility

Types of waivers

• 211(b) immigrant waiver for lack of proper documents
• 212(k) waiver for technical invalidity of an immigrant visa
• 212(d)(4) non-immigrant waiver for lack of proper documents

• 212(d)(1) waiver for government informers
• 212(d)(3) general non-immigrant waiver
• 212(d)(5) humanitarian parole
• 212(d)(11) waiver for smuggling of close family member
• 212(d)(12) waiver for immigration-related document fraud

• 212(a)(9)(A) permission to apply for admission after removal
• 212(a)(9)(B) extreme hardship waiver for unlawful presence
• 212(a)(9)(C) waiver for entry without inspection

• 212(g) waiver for certain medical conditions
• 212(h) extreme hardship waiver for certain crimes
• 212(i) extreme hardship waiver for fraud or misrepresentation

• 212(a)(2)(A) waiver for crime involving moral turpitude when the crime was committed while the person was under the age of 18

When to seek a waiver

• When applying for a visa at a U.S. consulate abroad
• When applying for adjustment of status in the U.S.
• When applying for admission at a U.S. port of entry
• While in removal proceedings

Removal and Deportation Defense

Removal procedure and immigration court proceeding

• Initiation of proceedings by serving a Notice to Appear (NTA)
• Detention and bond
• Master calendar hearing
• Individual merits hearing
• In absentia orders
• Stipulated removal
• Reinstatement of a prior removal order after re-entry

Waivers of removal or deportability

• 237(a)(1)(H) waiver for fraud or misrepresentation
• 237(a)(3)(C) waiver for immigration-related document fraud
• 237(a)(3)(D) waiver for false claim to U.S. citizenship
• 237(a)(1)(E) waiver for smuggling of close family member
• 237(a)(6)(B) waiver for unlawful voting
• 237(a)(7)(A) waiver for domestic violence

Forms of relief from removal

• Cancellation of removal
• Asylum, withholding of removal, relief under CAT
• Adjustment of status
• Waiver of inadmissibility at time of entry
• Voluntary departure
• Collateral attack on a prior removal order
• Deferred action
• Claim to U.S. citizenship
• Termination of proceedings to apply for naturalization
• Administrative closure; adjournment; continuance