Castan y Lecca Group
The biggest problem immigrants face in the United States is deportation. For many good things you do in this country, a serious mistake can put you in the doorway. The service in charge of carrying out this process in the country is ICE. By definition, deportation is the process of removing an immigrant from the United States for failing to comply with immigration laws. The reasons why an immigrant can be detained and deported are diverse. Although the most obvious is having entered the country illegally, there are other reasons that put you in deportation:
  • Commit a crime
  • Violate the laws of the country
  • Disobey laws repeatedly
  • Being involved in criminal acts
  • Posing a threat to public safety
Achieve the most desired American dream. To spoil all the sacrifice made to get to the country. Defrauding yours for an irresponsible act. Facing deportation proceedings is something that no immigrant wants in his life. But what are your chances if you are in deportation proceedings or have already been deported? With the help of a team of experienced immigration and criminal defense attorneys, your case can be reviewed to request an immigration pardon.

Definition of immigration forgiveness

In order to understand the term of immigration forgiveness or ‘waiver’ in English. Guided by the exact definition of the word, we could define that a waiver is a pardon or an excuse. If you thought that this concept has a character of exceptionality, it is going very well. An immigration waiver deals with the possibility of being eligible to obtain an immigration permit and is a legal resource available to anyone who is “removable” or is in removal proceedings in the United States. However, even meeting all the necessary requirements to apply for an immigration pardon, the final decision depends entirely on the agency or person in charge.

Who can ask for an immigration pardon?

The immigration pardon can be requested by all those people who do not comply with the requirements of legal permanence of access in the United States. Generally, these types of special permits are requested by those immigrants who have committed a crime in the country, were punished or expelled from the country and want to return to the United States or have exceeded the maximum legal time in the country and have been residing as illegal in the country. country. Now, there are certain actions that you should avoid to request this special permission:
  • Failure to comply with the process procedures. One of the main and most important requirements to request forgiveness is to have a ‘qualifying relative’. That is, having a family member that allows you to qualify for this benefit. Therefore, in this case, the qualifying relatives are the spouses or parents who are citizens or permanent residents. The applicant for the immigration pardon must be the son, daughter or spouse of a United States citizen or lawful permanent resident. If there is no kinship or relationship to a citizen or resident, you will not be able to qualify for forgiveness.
  • Do not show “extreme hardship” or present a letter of distress. To demonstrate extreme hardship, it is necessary to present a letter stating the reasons why it is convenient to approve the pardon. To comply with this requirement, it is important to have an expert immigration lawyer, since the letter must be supported by medical or psychological evidence. In addition, it is mandatory that this letter be processed by one of the relatives of the applicant for the immigration pardon.
  • Leave the country. Many immigrants believe that leaving the country benefits them to apply for immigration forgiveness. This confusion occurs because immigrants must go to their consular center in their country to fix their legal situation. Without knowing it, they can punish you for 3 to 10 years! Are you really going to risk your life, your immigration process, and your legal status? Consult an attorney to learn about all of your options and what you can and cannot do before leaving the country.

How to apply for an immigration pardon?

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In the event that your application is rejected and they require an immigration pardon, the process you must carry out is as follows: Your request for forgiveness must explain the reasons why you are requesting this benefit. The most common reason is that you have a close relative such as a child, father or mother who needs your help in the United States. Include in your application all the documents and evidence that justify your request for immigration forgiveness. By the time you have your entire application completed, it should be addressed to your consulate or embassy to apply for a new visa. Such petition should be addressed to the consulate / embassy along with the application form for a new visa. If your application for immigration forgiveness is viable, they will send a recommendation to the Admissibility Review Office (ARO). This office is in charge of adjudicating immigration forgiveness applications The Office of Admissibility Review and CBP are the ones who will make the final decision on whether you can enter the United States and adjust your legal status.

Types of immigration waivers

There are several types of forgiveness. To make your request, it is important to speak with an expert Atlanta immigration waiver attorney. Here are some of them:

Waiver I-601

This immigration pardon applies to those people who are undocumented and committed a serious crime, were arrested for marijuana or immigration fraud. The requirements to request this type of immigration forgiveness are:
  • Complete Form I-601
  • Attach police and court reports
  • Medical records
  • Family evidence
  • Documents that show that you are not a threat to the country
  • Documentation to process your new legal status

Waiver I-601A

This immigration forgiveness is applicable to couples, spouses, parents or children of permanent citizens or Americans who have entered the country undocumented. The requirements to request this type of immigration forgiveness are:
  • Complete Form I-601A
  • Receipt number showing your approved visa petition
  • Copy of visa payment receipt
  • Copy of the payment of the provisional pardon

Waiver I-212

This immigration waiver applies to all those people who were deported or expelled from the United States. The requirements to request this type of immigration forgiveness are:
  • Complete Form I-212
  • Marriage certificates or children’s birth certificates
  • Affidavits stating that it does not pose a danger to the country
  • Medical or psychological reports that prove that it is necessary to return to the country
  • Police reports
  • Certificates of studies
  • Specific documents to adjust your status
If you need to process any type of immigration pardon, do not hesitate to request the legal services of Castan & Lecca Lawyers. We offer you legal representation to obtain the cancellation of deportation or expulsion or to guide you in your immigration process. Call today for your first free consultation.
(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.