ERASE THE DEPORTATION ORDER
CAN A PERSON IN IMMIGRATION COURT GET A GREEN CARD WITH PROVISIONAL WAIVER?
Those already ordered removed must erase the deportation order before getting a Green Card through the Provisional Waiver process. They may, however, still qualify for legal permanent residency through other laws.
Persons with a case open in Immigration Court need to have the matter terminated or administratively closed before applying for a Provisional Waiver. A Termination Order means winning the case in Court. No one is being deported.
With an Immigration Judge’s order that the case has been closed or terminated, Immigration will accept the Provisional Waiver.
CAN A PERSON WHO HAS BEEN ORDERED DEPORTED GET A GREEN CARD WITH PROVISIONAL WAIVER?
Those ordered removed by an Immigration Judge are undocumented unless the case is under appeal. They must erase the deportation order before getting a Green Card through Provisional Waiver. Blandon Law attorneys do this by preparing documents and an application for a Conditional I-212 Pardon.
With an approved Conditional I-212 pardon, Immigration is basically erasing the deportation order on the condition that the foreigner will apply for a Provisional Waiver.
Anyone who has an approved Form I-130, Form I-140 or Form I-360 petition may be able to get a Green Card, if they qualify for Provisional Waiver.
Be sure to provide the Blandon Law attorney with documents if a family member or a company has ever filed a petition or application with US Citizenship and Immigration Service.
They could instead file a Motion to Reopen their Immigration Court case, but that may require approval from the same Immigration Judge who ordered the removal. These judges may not want to erase the deportation order.
IMPORTANT NEWS FOR FOREIGNERS WHO HAVE BEEN IN THE U.S. FOR AT LEAST 10 YEARS:
Can you reopen an Immigration Court deportation order from many years ago? The answer is yes for those who have a Legal Permanent Resident or US citizen spouse, parent or child but ONLY until November 2021. Blandon Law will represent foreigners who have either a deportation order, removal order or withholding of removal by presenting a Motion to Reopen. We will request that the case be reopened and file Cancellation of Removal for the noncitizen who qualifies. Applicants can also get a work permit while the case is waiting for the Immigration Judge’s decision. For more information on this opportunity, see this link.