Families with special needs individuals can sometimes obtain their green cards in the United States - even if they have some immigration violations.
Immigration law can be cruel and unforgiving - but Congress does have a heart...and it occasionally shows itself.
Congress recognized that good people should get the chance to stay in America legally, if they meet the criteria. If an immigrant finds that he is in danger of being removed, or has a visa or adjustment of status petition denied can often apply for a waiver or have their removal proceedings "canceled" (The technical term is Cancellation of Removal). This option has opened up for more individuals after the recent Supreme Court decision: Pereira v. Sessions.
Believe it or not, many Immigration Judges and USCIS officers will approve cases like these, when properly prepared.
Cancellation of Removal. Sometimes known as the "10 years visa," or "10 year case" is available to immigrants who have lived in the United States for over 10 years, have "good moral character" and have a child, spouse or parent who would suffer extreme and unusual hardship if the immigrant were sent back to his or her country. That family member also needs to be a citizen, or permanent resident. Thousands of immigrants have obtained their green cards from Cancellation of Removal.
Waivers of Inadmissibility. There are many ways an immigrant can violate the law and become Inadmissible. Fraud, certain crimes, and other violations can become a barrier to adjustment of status. Fortunately, many of these things can be overcome with a waiver, or forgiveness. These waivers recognized that even though an immigrant did something wrong, it is more important they stay in America.
I have worked with many families with family members with special needs. Autism, learning disabilities, IEP's and physical limitations can persuade a skeptical immigration officer or judge that you need to be here, in America to care for your family.
My goal is to treat your family the way I'd treat mine. If you have a family member who has special needs or disabilities, please contact me for a case evaluation.