New York City Waivers for Inadmissibility and Deportation Attorney

When people have spent a long time in the United States, their home countries may seem like only distant memories. The life they have here can seem like all they know, and the prospect to leaving the United States can be terrifying.

Attorney Norka M. Schell is an aggressive immigration attorney with experience to complex Immigration cases.

If you need help applying for a waiver for inadmissibility or deportation, contact our firm at 212-258-0713 to schedule a consultation.

What You Should Know

An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application depending on the alien’s circumstances.

An Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident. This waiver is based on the “Extreme Hardship” to a United States citizen or to a lawful permanent resident relative of the alien which would result if the alien’s inadmissibility cannot be waived.

It is important to know that a Waiver for Inadmissibility is a discretionary relief. The alien not only has the burden to establish he/she meets all the requirements, but also that he/she deserves a favorable exercise of discretion. Because each waiver case is very specific to the circumstances of the alien and his or her family, it is important that you consult with an Attorney who has experience and proven results in filing a Waiver of Inadmissibility. Additionally, you are limited in the number of times you can file the Waiver of Inadmissibility. Therefore, the application should be prepared so that the alien has the best chance for success the first time filing.

Under some of the deportability grounds, foreign nationals may be found deportable for actions they committed after entry into the United States.Other grounds apply to these foreign nationals if an event occurs at any time after admission or withing five years of admission.

Foreign nationals subject to deportation have by definition already made an entry into the United States, and as such are “persons” within the coverage of many constitutional protections, including due process. A basis for his or her deportation must come to the attention of the Department of Homeland Security (DHS) before a deportation proceeding can commence. Foreign nationals are not subject to any sort of routine inspection after admission that would bring to light a possible basis for deportation. Some bases for deportation are apparent from inspection of the records the DHS, such as a nonimmigrant alien who overstays his or her temporary period of stay. Others bases, such as convictions of various criminal offenses, are usually reported to the DHS by state and federal authorities,

If a foreign national faces removal or deportation proceedings without a lawyer, the likelihood of his avoiding removal or deportation is much smaller than it is for those who have the resources to retain a lawyer. Attorney Norka M. Schell will be able to consult with you regarding every detail of your situation and to advise you on how to proceed in removal proceedings or deportation proceedings, so that you have the best chances of winning your claim. Attorney Norka M. Schell has successfully prepared applications for Waiver of Inadmissibility and Deportation for individuals both in the United States and abroad.

Ground of Inadmissability

1. There are 10 general categories of inadmissibility grounds:
2. Health-related grounds
3. Criminal-related grounds
4. National security grounds
5. Public charges
6. Labor protection grounds
7. Fraud or other immigration violations
8. Documentation requirements
9. Grounds relating to military service in the United States
10. Prior removals or unlawful presence in the United States
11. Miscellaneous grounds

Grounds of Deportability

There are six general categories of deportable individuals:

1. A non-U.S. citizen who was inadmissible at the time he or she entered the U.S., or who has violated his or her immigration status
2. Those who have committed certain criminal offenses
3. Those who have violated law relating to official documents
4. National security risks
5. Public charges
6. Unlawful voters