WAIVERS

The immigration law enumerates various grounds by which an alien in the United States may be subject to deportation. A common ground of deportability provides that an alien may be subject to deportation if he was excludable when he entered the United States. There are many grounds of excludability found in the law.

Eligibility for waivers of deportability or excludability depend upon the alien's ability to establish hardship to himself or to his close family members if he were to be deported. For example, a person who has resided in the United States as a lawful permanent resident for a minimum of seven years qualifies to apply for a waiver of most grounds of deportability or excludability.

SUSPENSION OF DEPORTATION

A deportable alien may apply for permanent residence through suspension of deportation if he is able to fulfill the following 3 conditions:

1. He must have been continuously physically present in the U.S. for at least seven years. Absences which are "brief, casual and innocent" do not interrupt the continuity of the alien's physical presence.
2. He must be a person of good moral character.
3. It must be an extreme hardship upon the alien, or his spouse, children or parents who are citizens or residents of the United States if he were forced to leave the country.

ADJUSTMENT OF STATUS

A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status to that of a lawful permanent resident. Also qualified to apply for adjustment of status is any alien whose priority date for permanent residence is "current".

Aliens who obtained conditional permanent residence based upon their marriage, or the marriage of their alien parent, to a U.S. citizen may have their legal status terminated by the INS if they fail to meet certain requirements. However, once INS places them under deportation proceedings, they may renew their applications for permanent residence before an Immigration Judge.

ASYLUM AND WITHHOLDING OF DEPORTATION

Those who have a well-founded fear of persecution if they return to their home country may apply for asylum if their fear is based on any of the following grounds:

1. Political opinion
2. Religious belief
3. Nationality
4. Race
5. Membership in a particular social group

If a person is granted asylum, after one year they may apply for permanent resident status.

Withholding of deportation is similar to asylum. However, it differs in 2 important respects: (1) It does not permit the alien to apply for permanent residence, and (2) it only prohibits the INS from deporting the alien to one particular country.

LEGALIZATION AND REGISTRY

Once an illegal alien has been found qualified for legalization or "amnesty" by the INS, the deportation hearing will typically be closed since the alien will have attained the legal right to remain in the United States.

Registry is another means of attaining lawful permanent residence in the United States. It is available to aliens who have resided continuously in the U.S. since prior to January 1, 1972, who are persons of good moral character, who are not deportable on certain aggravated grounds, and who are not ineligible to citizenship.

VOLUNTARY DEPARTURE

Finally, if there is no other relief from deportation, most aliens are eligible for, and should apply for, voluntary departure from the United States. This avoids both the stigma and the legal impediments to return to the United States imposed by deportation.

Voluntary departure is available to aliens who are not deportable on aggravated grounds, who have the means to pay for their departure from the U.S., who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.

All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and in certain cases to the appropriate U.S. Court of Appeals.