Cancellation of Removal, Waivers of Inadmissibility | Scott Mossman, Immigration Lawyer/Attorney

The Law Office of Scott A. Mossman
1611 Telegraph Ave, Suite 1100, Oakland CA 94612 | Tel. (510) 835-1115 | Fax (510) 835-1116

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Cancellation of Removal and Waivers of Inadmissibility

A common form of relief from removal is cancellation of removal. A grant of cancellation of removal results in lawful permanent residence despite the existence of a ground of inadmissibility or deportability. Two forms of cancellation exist, one for persons who already already permanent residents (using Form EOIR-42A) and one for persons who are not lawful permanent residents (Form EOIR-42B). In addition to statutory requirements, both require the existence of certain equities and a favorable exercise of discretion by the judge.

A noncitizen may also avoid removal if the immigration judge grants a waiver of inadmissibility. Common waivers include those found at sections 209(c), 212(h), 212(i), 212(k), and 237(a)(1)(H). Another section, section 212(c), waived a broad range of grounds of inadmissibility, but Congress has repealed that section of the law. Due to the Supreme Court's decision in INS v. St. Cyr, however, 212(c) is still an option in certain cases. Some of these waivers must accompany an immigrant petition (I-130) and application for adjustment of status (I-485).

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Scott Mossman's practice is limited to federal immigration and citizenship law, with an emphasis on removal (deportation) defense, appeals, and federal court litigation. In removal cases, he only represents persons within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington) and usually only if the hearing will occur, or has occurred, in the San Francisco Immigration Court. That Court has jurisdiction over San Francisco, Oakland, San Jose, Sacramento, and the rest of Northern California from Redding to Bakersfield. Scott Mossman represents persons on immigration and naturalization applications to USCIS if the applicant or petitioner lives in the San Francisco Bay Area. He represents persons on appeal to the Board of Immigration Appeals (BIA) and Administrative Appeals Office (AAO) in USCIS petition and waiver cases arising throughout the world.

Scott Mossman is a licensed attorney and active member of the State Bar of California.