Practice Area - Deportation

Cancellation of Removal is a form of relief available to persons who are removable, but can show several years of presence in the United States before they were placed in removal proceedings. (Immigration Court) Cancellation of removal is available to legal permanent residents who can show 7 years of presence and is available to persons with no immigration status who can show 10 years of presence in the United States. In both forms of relief hardships will have to be shown to a qualifying relative (Parent, Spouse son or daughter) in the event that the individual is removed (Deported) from the U.S.

Deportation or removal proceedings begin with the receipt of a Notice to Appear. Removal proceedings are very serious matters which always require representation by an attorney. Immigration Judges usually provide at least one continuance for individuals to find legal assistance with their case. A careful review of government charges, the immigration history, and all possible forms of relief are essential to success in immigration court.

Political Asylum is based on demonstrating a credible fear for your safety if you are returned to your home country, or any other country in which you had legal residence. It is essential that an application for political asylum be filed within one year of entry to the United States. In some cases an application can be filed if one can prove a significant event or change in country conditions within the year prior to filing.

Waivers for Misrepresentation are usually covered under INA Section 212i whereas Waivers for past convictions depending on the crime are usually covered under INAS Section 212c. With both types of waivers the individual must present favorable factors which are balanced against his or her bad acts in order to prevail. These decisions are discretionary, and success depends on skill and diligence in presentation.

Similar to an Asylum claim an Immigration Judge must apply the “probability of harm” standard as set forth under INA Section 241(b)(3) prohibiting a return to one’s home country where life or freedom would be threatened. Credibility and consistency are essential in presenting a withholding of removal claim to avoid onerous requirements for documentation of the claim. Life or freedom may be threatened because of race, religion, nationality, social group or political opinion.