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How to avoid deportation with a waiver

On Behalf of | Jan 11, 2019 | Deportation Defense

Undocumented immigrants living in Florida may have a path to becoming a legal resident. However, it involves leaving the country for a decade before return. Those who believe that doing so would cause a significant hardship can ask for that requirement to be waived. This is referred to as a “601 waiver.” However, even if it is granted, there is no guarantee that the applicant will be given permanent resident status.

The decision to allow a person to stay in the country despite being inadmissible is based on how it could impact a relative. A qualifying relative is generally a spouse or parent is who is a legal resident or citizen of the United States. It is important to note that a job loss or requiring an entire family to move are considered typical hardships and generally won’t qualify for a waiver.

An extreme hardship would occur if moving would force an undocumented immigrant to stop caring for a sick relative. If a person were to be removed to a country with a poor economy, he or she could remain in the United States because of an inability to pay bills. If an individual’s country is in a state of political upheaval and a relative has a medical condition, an immigrant may be allowed to stay in the country to provide care.

Immigrants living in the U.S. who are not legal citizens might be subject to removal proceedings if they violate the law. However, an attorney can create defenses to a removal and help an immigrant remain in America. This may be done by pointing to conditions in that person’s home country or the fact that an illegal immigrant is caring for a sick or aging spouse or parent.