Immigration Court, Bond & Waivers

Immigration Court. The Immigration Court is a subdivision of the United States Attorney General’s office, and with the Board of Immigration Appeals, is known as the Executive Office of Immigration Review (“EOIR”). Proceedings before these bodies are administrative and are governed by the authorizing statute at the Immigration & Nationality Law (“INA”) at 8 U.S.C. §101, et seq., and regulations promulgated by the U.S. Attorney General.

Waivers. The USCIS and Immigration Court can give aliens what is known as “waivers.” They can be described as exceptions to the rule of deportation and removal, where you have been convicted of a minor criminal offense or violated the immigration laws. They may apply so long as you meet certain further requirements, which are usually equitable in nature, i.e., you have been in the U.S. for a long time, you have a U.S. citizen spouse and U.S. citizen children relying upon you, etc.

212(h) Waiver. It applies to someone who has committed a crime involving moral turpitude, a violation of a law or regulation concerning a controlled substance, and other offenses. It requires that you demonstrate that your removal would result in “extreme hardship” to the U.S. citizen or lawful permanent resident spouse, parent, son or daughter.

212(c) Waiver. This waiver applies to someone who, prior to April 24, 1996, entered into a plea agreement for an offense, whether it is a crime of moral turpitude or an aggravated felony. It requires that you demonstrate that being removed would result in a hardship to you and your family, and that since your incarceration, you have been rehabilitated.