Deportation & Removal Defense

Lawful permanent residents (green card holders), unlike citizens, can be removed from the United States if they violate immigration laws or are found guilty of certain criminal offenses. Permanent residents who find themselves in immigration court and who meet the following requirements can apply for cancellation of removal. If the immigration judge grants their application, the alien is allowed to stay in the country as a green card holder.

To apply for cancellation of removal for certain lawful permanent residents, the applicant must:

• Be a green card holder for at least five years;
• Have maintained continuous physical presence in the United States for at least seven years;
• NOT have certain crimes on their criminal record, particularly those involving murder, trafficking of controlled substances, or crimes of violence; and
• Be deserving of a favorable decision on the part of the immigration judge.

Even if you are not a permanent resident, you may still be able to apply for Cancellation of Removal for Certain Nonpermanent Residents. To be eligible for this relief, you must:

• Have been physically present in the United States for at least ten years;
• Have maintained good moral character for ten years;
• NOT have certain crimes on your criminal record, particularly those involving controlled substances; and
• Establish that removal or deportation would cause exceptional and extremely unusual hardship to your US citizen or Permanent Resident spouse, parent or child.

To be eligible for relief under this provision of Cancellation of Removal, an applicant for VAWA cancellation must show:

• That he or she has been “battered or subjected to extreme cruelty” by a spouse or parent who is or was a US citizen or Permanent Resident, or the applicant is a parent of a child who is the child of a US citizen or Permanent Resident and the child has been “battered or subjected to extreme cruelty” by the US citizen or Permanent Resident;
• Have been physically present in the United States for at least three years before filing the application;
• Have maintained good moral character during those three years.

These lists are only the beginning of what the immigration courts consider when it comes to Cancellation of Removal. If you find yourself in a situation where you must face an immigration judge, call our office today so we can help you work through your case!

Sometimes, unfortunately, there is no relief in removal proceedings that will allow a person to stay in the United States.  Whether it’s because of lack of ties to the U.S., lack of hardship to U.S. citizen relatives, criminal history, or other factors, an alien may not be eligible under any provision of the Immigration and Nationality Act to remain in the United States.  Our office will evaluate your case from every angle, but, if there is no way for the applicant to remain here, voluntary departure may be their last option, but it also has some very beneficial consequences.

Voluntary Departure is a form of relief that allows a person to leave on his or her own rather than under a removal (deportation) order. A grant of voluntary departure may not result in a ten (10) year bar from reentering the United States as an order of deportation would. A grant of voluntary departure allows the alien the opportunity to reapply for admission to the United States at a sooner time whether it be via an immigrant or nonimmigrant visa.

As an undocumented foreign national in removal proceedings, you may be eligible to file for an adjustment of status to obtain a green card. Even though this adjustment application is before the Immigration Court, the process is similar to adjustment of status before USCIS in that you must meet specific requirements to be eligible and you must have a petition filed and pending or previously approved by USCIS.

It is important to note that an immigration judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate the application. If the applicant is applying for Adjustment of Status while in removal proceedings, the foreign national may need to meet a higher standard of proof concerning the original immigrant petition. For example, if the applicant is seeking a green card based on marriage to a U.S. citizen, the applicant will need to provide clear and convincing evidence that the marriage is valid, particularly if the marriage happened after the foreign national was placed into removal proceedings.