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We
aggressively defend those in removal/deportation proceedings with all
available forms of relief. The Immigration and Nationality Act (I.N.A.)
does provide relief from removal and deportation. An Immigration
Judge may grant such relief. An experienced
immigration/criminal defense attorney
can make the difference. Such
forms of available relief include, but are not limited to:
- Elimination of the criminal convictions that
provide the basis for deportation proceedings. Various
remedies may be available including motions to vacate the convictions.
Click here to see post conviction
relief page.
- Cancellation of Removal
is an important legal remedy for both permanent
and non-permanent residents who are in immigration court removal
(deportation) proceedings. This important form of relief is available
for aliens who have resided continuously in the U.S. for at least
five (5) years as lawful permanent residents and have resided continuously
in the U.S. in any lawful status for at least seven (7) years. In
addition, a lawful permanent resident must not have been convicted
of an aggravated felony.
If you do not qualify as a permanent resident, then cancellation of removal as a non-permanent resident may still be available to you even if you are a permanent resident. In order to qualify, an alien must have resided in the U.S. continuously for ten (10) years in any capacity even though the person may have entered the U.S. illegally. You must establish good moral character which includes a strong work history in the U.S. during those years. You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the U.S. While these hardship requirements are very substantial, aliens who have U.S.C. spouses, children, grand children, and parents residing in the U.S. may be eligible for this form of relief.
- Suspension of Deportation
(See waivers discussion below).
- Use of waivers against excludability, inadmissibility, and deportability such as the recently revived waiver under section 212(c) of the I.N.A. for relief even from aggravated felony convictions which occurred before April, 1996. This all important waiver is available to eliminate deportation for even aggravated felony conviction(s) if: 1) The conviction(s) was sustained (plea of guilty or no contest) before April 24, 1996 2) You were a lawful permanent resident at the time of the guilty or nolo plea 3) You did not serve more than five (5) years in state prison for any one conviction, and 4) You have at least seven (7) years of continuous lawful residence in the U.S. from the date the removal proceedings commenced (receipt of the Notice to Appear in immigration court).
- Also available are the 212(i)
and 212(h) waivers
for those who may have committed fraud or made material misrepresentations
in an immigration application process or may have committed crimes involving
moral turpitude.
- Filing
for
adjustment of status to permanent residence.
Adjustment can be used in immigration removal proceedings to avoid
deportation, if you have not sustained an aggravated felony conviction
after April 24, 1996. Click here to see adjustment
of status page.
- Filing
applications for asylum and withholding
of deportation.
These important forms of relief are available if you have a
well founded fear of persecution by the government in your home country. Click
here to see the asylum relief page.
- Seeking protections under the recently adopted Convention
Against Torture (C.A.T.)
can provide relief from removal, even if you have sustained an aggravated
felony conviction. However, the standard of proof required to obtain
this form of relief is considerably more difficult than any of the others.
To obtain C.A.T. relief, you must demonstrate that it is more likely
than not that you will be tortured, killed or sustain great bodily injury
if you are returned to your home country; and, where none of
these remedies are available, do not forget:
- Voluntary
Departure. This form of relief, if granted by the immigration
judge, will avoid a removal order and thereby allow you to return to
the U.S. without a mandatory five (5) year bar of reentry which would
otherwise result from a removal or deportation order.
Final orders of removal (deportation) made by an Immigration Judge may be appealed to the Board of Immigration Appeals (B.I.A.) and to the appropriate U.S. Circuit Court of Appeals where constitutional violations may be raised and stays of deportation pending appeal may be obtained.
