Can Immigration consultants help save from getting deported from US? How much could be the cost and chances of success?
Yes, immigration consultants can help you with legal strategies to avoid deportation, though their ability to prevent deportation depends on your specific situation. They can assess your case, identify potential forms of relief, and guide you through any legal proceedings.
Various types of reliefs possible and the tentative expenditure is given below. However please note that this is just indicative expenditure and the actual expense can vary depending on seniority of the attorney, complexity of the case and some other factors.
Types of Legal Relief:
Cancellation of Removal
Cancellation of Remval is a form of relief available for certain individuals who are in removal (deportation) proceedings. This option allows individuals to stay in the U.S. even if they’ve been found to be removable (deportable) under U.S. immigration laws.
There are two main types of Cancellation of Removal: for lawful permanent residents (LPRs) and non-permanent residents.
1. Cancellation of Removal for Lawful Permanent Residents (LPRs)
If you’re a lawful permanent resident (LPR) facing deportation, you may be eligible for Cancellation of Removal if you meet the following criteria:
- Permanent Resident Status for at least 5 years: You must have held your green card for at least 5 years before the removal proceedings begin.
- Residence in the U.S. for at least 7 years: You must have lived in the U.S. continuously for at least 7 years after entering the U.S. legally.
- No aggravated felony conviction: You cannot have been convicted of an aggravated felony, which is a serious crime defined under U.S. immigration law.
If you meet these criteria, you can request a cancellation of removal, which, if granted, will allow you to remain in the U.S. and avoid deportation.
2. Cancellation of Removal for Non-Permanent Residents
This form of relief is available for individuals who are not green card holders but are facing deportation. For non-permanent residents, the requirements are more specific:
- Continuous physical presence in the U.S. for at least 10 years: You must have lived in the U.S. without leaving for at least 10 years before your removal proceedings began.
- Good moral character: You need to prove that you have maintained good moral character during that 10-year period. This includes not having a criminal history or other disqualifying factors.
- Hardship to a U.S. Citizen or Legal Permanent Resident (LPR) Family Member: You must demonstrate that your deportation would cause exceptional and extremely unusual hardship to your U.S. citizen or LPR spouse, parent, or child.
If you meet all the above criteria and the immigration judge grants your application, you can remain in the U.S.
- Costs:
- Immigration attorneys typically charge anywhere from $100 to $400 per hour, though some might offer flat fees for specific services like representing you in court or helping with an appeal. The cost will depend on the complexity of your case.
- For specific cases like asylum or cancellation of removal, fees could range anywhere from a few thousand dollars to tens of thousands, depending on how much work is involved.
- Chances of Success:
- Your chances depend on factors like how long you’ve been in the U.S., any family ties, past immigration violations, and whether you qualify for specific forms of relief.
- A lawyer can assess the strength of your case and advise you on your chances. There’s no guarantee of success, but legal representation significantly increases your chances of a favorable outcome.
The most important thing is to act quickly. Immigration laws have strict deadlines, and waiting too long could reduce your chances of success.
2. Waiver of Inadmissibility
A Waiver of Inadmissibility is a legal tool that allows certain individuals who are deemed inadmissible (unable to enter or remain in the U.S. under the law) to still obtain permission to enter or stay in the U.S. This waiver “forgives” certain immigration violations, making it possible to remain in the country legally.
Common Reasons for Inadmissibility:
- Unlawful presence: If you’ve overstayed a visa or entered the U.S. illegally, you can be deemed inadmissible due to unlawful presence.
- Criminal convictions: Certain criminal convictions may make you inadmissible.
- Health-related grounds: Certain diseases or medical conditions can make a person inadmissible.
- Misrepresentation or fraud: Lying on immigration forms or attempting to fraudulently gain admission to the U.S. can lead to inadmissibility.
Types of Waivers of Inadmissibility:
Waiver for Unlawful Presence (I-601 Waiver)
If you’ve overstayed your visa or entered the U.S. illegally, you could face deportation for being unlawfully present in the country. However, if you have a qualifying relative (spouse or parent) who is a U.S. citizen or lawful permanent resident, you may be eligible for an I-601 waiver.
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- Eligibility: To qualify, you must show that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if you were deported.
- Hardship Requirement: The hardship requirement is significant; it’s not enough to show general hardship—there must be evidence of extreme hardship that would occur if you were removed from the U.S.
Waiver for Criminal Grounds (I-601 Waiver)
In some cases, a person who has been convicted of certain crimes may still be able to obtain a waiver of inadmissibility. If the conviction is for a crime that makes you inadmissible, you can apply for a waiver if you meet specific requirements:
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- Eligibility: You need to prove that your U.S. citizen or LPR spouse or parent would experience extreme hardship if you were not allowed to stay in the U.S.
- Discretionary Decision: The immigration authorities will exercise discretion, meaning they will look at factors such as your history of good behavior and the seriousness of the offense.
Waiver for Fraud or Misrepresentation (I-601 Waiver)
If you’ve been caught lying or providing false information in your immigration application, you could face inadmissibility due to fraud or misrepresentation. However, you may be eligible for a waiver if:
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- Eligibility: You can show that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if you were not allowed to stay or enter the U.S.
In Summary,
Both Cancellation of Removal and a Waiver of Inadmissibility are critical forms of relief for individuals facing deportation or inadmissibility issues in the U.S. and the option to be chosen out of these two depends on following:
- Cancellation of Removal is more commonly used by people who have been living in the U.S. for an extended period, and it focuses on family ties and hardship.
- A Waiver of Inadmissibility is for individuals who have committed certain violations (such as overstaying a visa, being convicted of a crime, or committing fraud) but need relief to stay in the U.S.