Is a child eligible for an immigrant waiver of inadmissibility if they are in removal proceedings?

Yes, a child in California may be eligible for an immigrant waiver of inadmissibility if they are in removal proceedings. Generally, a child must meet certain criteria to qualify for a waiver. For example, the child must have a qualifying relative who is a lawful permanent resident or a United States citizen, and the child must prove that the denial of entry into the U.S. would create exceptional and extreme hardship for the qualifying relative if the child is not allowed to enter. Additionally, the child must be able to prove that their entry into the U.S. would not cause a threat to national security or public safety. In some cases, a child may be considered for deferred action status by U.S. Citizenship and Immigration Services (USCIS). This can occur if the child has been continuously present in the U.S. for at least 10 years prior to the initiation of removal proceedings. Under USCIS’s policy if deferred action is granted, the child will not be removed from the U.S. and can apply for employment authorization. In other cases, the child may be eligible for a different form of relief from removal. This could include asylum or cancellation of removal. A child may also be eligible for a U visa, which is available to victims of certain types of crime. In each case, the child must demonstrate that their removal from the U.S. would result in extreme hardship for the qualifying relative or for themselves. The child’s immigration attorney can help them determine if they are eligible for any type of relief when facing removal proceedings.

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Is a child eligible for an immigrant waiver of inadmissibility if they are in removal proceedings?

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