Removal & Deportation DefenseOver 500,000 persons are currently in deportation (removal) proceeding. Common forms of relief include adjustment of status, waivers of inadmissibility & removability, cancellation of removal, adjustment of status, asylum, withholding of removal, the Convention Against Torture, legalization and registry. If an Immigration Judge denies your case, you have 30 days to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA denies your appeal, you may be able to challenge this denial in the U.S. Federal Court of Appeals having jurisdiction over your case. Attorney Elena Vlady can help you complete various waivers that may allow you to remain in the United States.
The Deportation Process
Any person unlawfully living in the United States for over 180 days must move outside of the U.S. for no less than 3 years. If the individual has been illegally in the U.S. for more than a year, they will not be granted access back into the country for 10 years, unless they have received a waiver. Deportation or removal of an individual from the United States may be based on a variety of factors, including:
• Illegal entry into the county
• Overstay of one’s visa or a violation of a visa
• Fraudulent activity
• Criminal conduct
If an individual falls under one of the aforementioned categories, they will receive a “Notice to Appear” (NTA) from the U.S. government. You must attend the deportation hearing and depending on the ruling, you either must leave the United States or, if you’re eligible, you can apply to receive a type of relief, such as cancellation of removal, adjustment of status or asylum. All of these types of relief allow you to stay in the U.S.
You could be eligible for cancellation of removal if you’ve been in the U.S. for 10 straight years, during this time period you were not served a notice to appear (NTA), you were a person of “good moral character,” and you show that your removal would be a hardship to your family.
Illegal immigrants are not eligible for an adjustment of status. You are only eligible for adjustment of status if you are admissible for permanent residence and an immigrant visa is readily available for you. If you did not appear at the removal proceedings or violated restrictions on your temporary visa, you are also ineligible for an adjustment of status.
If you are a refugee from your homeland, asylum could be granted to you. If you were persecuted, or fear for your life due to your race, religion, nationality or membership in a particular social or political group, asylum is a viable option for you.
The immigration law enumerates various grounds by which a non-citizen may be subject to removal from the U.S. There are many grounds of removability. A common ground of removability provides that an person may be subject to removal if he was inadmissible when he entered the U.S.
Eligibility for waivers of removal depends upon the person’s ability to establish hardship to himself or to his close family members if he were to be removed from the U.S. For example, a person who has committed fraud or a material misrepresentation may apply for a waiver under §212(i) if the failure to admit him to the U.S. would result in “extreme hardship” to his lawful permanent resident (LPR) or U.S. citizen (USC) spouse or parents. Similarly, a person who is inadmissible on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parent(s), son(s) or daughter(s).
Certain types of waivers such as relief for long-term permanent residents under section 212(c) do not require that the permanent resident have relatives in the U.S. although the presence of such relatives is definitely a positive factor.
SUSPENSION OF DEPORTATION
A deportable individual may apply for permanent residence through suspension of deportation if he is able to fulfill the following 3 conditions:
1. Have been continuously physically present in the U.S. for at least seven years. Absences which are “brief, casual and innocent” do not interrupt the continuity of the alien’s physical presence
2. Must be a person of good moral character
3. An extreme hardship upon the alien, or his spouse, children or parents who are citizens or residents of the United States if the individual was forced to leave the country.
ADJUSTMENT OF STATUS
A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status (using Form I-485) to that of a lawful permanent resident. Also qualified to apply for adjustment of status under section 245i of the law are many Persons whose priority dates for permanent residence are “current” and who had a labor certification or visa petition submitted on their (or their parents) behalf on or before April 30, 2001.
Persons who obtained conditional permanent residence based upon their marriage, or the marriage of their parent, to a U.S. citizen may have their legal status terminated by the USCIS if they fail to meet certain requirements. However, once USCIS places them under deportation proceedings, they may renew their applications for adjustment of status to permanent residence before an Immigration Judge.
LEGALIZATION AND REGISTRY
Once an illegal alien has been found qualified for legalization or “amnesty” by the USCIS, the deportation hearing will typically be closed since the alien will have attained the legal right to remain in the United States.
Registry is another means of attaining lawful permanent residence in the United States. It is available to persons who have resided continuously in the U.S. since prior to January 1, 1972, who are of good moral character, who are not deportable based on certain aggravated grounds, and who are not ineligible to naturalize.
Finally, if there is no other relief from deportation, most persons are eligible for, and should apply for, voluntary departure from the United States. This avoids both the stigma and the legal impediments to return to the United States imposed by deportation.
Voluntary departure is available to persons who are not deportable on aggravated grounds, who have the means to pay for their departure from the U.S., who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.
All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and in certain cases to the appropriate U.S. Court of Appeals.
Are you ready to get started on your immigration case?
We hope that this page helps you understand your rights. When you secure the representation of the Law Office of Elena Vlady, you can be confident that you will receive the zealous defense that you deserve throughout your immigration proceedings. The legal team will prepare and present all supporting documents in order to help your case. Additionally, Elena Vlady will address each of your concerns and answer each of your questions every step of the way.