Waiver and Legal Release, in Deportation cases
When a foreigner was expelled or deported from the United States, he receives a penalty. Which, prohibits entry into the country for as long as the penalty defines it, this phenomenon is called punishment, usually the punishment will be active for 5, 10 or 20 years and even in the most extreme cases throughout life. However, you can re-enter the US. UU. If you get a Forgiveness of expulsion also known as “wavier“.
First of all, it should be clear that not all foreigners should request this type of wavier because it can only be a denial of entry and not an expulsion or deportation, the main difference lies in the signed papers or that were delivered to the citizen before leaving the United States. It is important to register that, it is only necessary to request this wavier if you have not yet completed the time of the penalty and if you wish to apply for a nonimmigrant visa or an immigrant visa. Just ask for the wavier of people who are with:
- Those foreigners who arrived at a US immigration post and they were prevented from entering the country but were not subject to an immediate official expulsion.
- People who were arrested at the border trying to cross illegally but did not receive an immediate expulsion order. It is key to know if one was received or not.
- Foreigners who arrived in the US UU. No visa for being part of the Visa Waiver Program and they were not registered. In the case of Latin America there are foreigners from Chile and Spain.
- Persons who have voluntarily left the United States within the period provided by the immigration authorities.
- If you have a U-type visa, which is given to victims of violence.
- Those expelled or deported from the US who have already completed the time of the penalty.
Understand the punishment
In this sense, to know clearly the time has been given a penalty, you should consult the reports presented by the court, in case of deportation, the order of the judge that took the case or the document known as “Notices that must appear in the removal procedures “, On the other hand, if it has been immediately expelled to have knowledge of the report presented by the Border Patrol (CBP).
Complete and documented information
With reference to the above, immigration officials may request additional information or documents during the process, so they must have support for what is delivered, if any document is not in English it must be translated by the reference institution that has the embassy or consulate where the expulsion pardon is processed. On the other hand, the wavier format must be accompanied by the receipt paid corresponding to the value of the amount for the procedure, under the current regulation.
Finally, the process of wavier can be delayed up to a total of 180 days which is equal to six months, the main thing is, understand when the wavier is due and when it should not be requested since time and money can be lost the process. Consequently, it is recommended to have the services of our immigration lawyers’ office. This was just a piece of advice