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| Capp and Associates will honestly and realistically evaluate the options available for individuals facing deportation proceedings. | 760.231.9851 |
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REPRESENTATION IN DEPORTATION/ REMOVAL MATTERS
FOR AN INITIAL FREE CONSULTATION CALL: Whether or not deportation proceedings, now known as 'removal' proceedings, can be successfully contested is often a complex question and entirely dependent on a number of factors and including 1. The immigration status of the person placed in proceedings; 2. The reason why they have been placed in removal proceedings; 3. And the person's family and other ties to the United States If somehow is being detained by the Immigration authorities (ICE), or has an immigration 'hold' on them, the immediate question is whether or not bail or 'bond' is available. These questions can only be answered after a detailed analysis of the individual's case and circumstances has been made. Sometimes, removal proceedings can be successfully beaten. On the other hand, such in the case of a conviction of a aggravated felony, very little can be done. An honest and realistic evaluation of the situation is required at the earliest stage. It is especially important to analyze any criminal grounds for removal, to determine whether the ground or charge can be contested. Sometimes the analysis hinges on whether a prior conviction it is an 'aggravated felony' or not. What are some potential avenues of relief form removal? 1. Cancellation of removal for Lawful Permanent Residents 2. Cancellation of Removal for non Permanent residents 3. Adjustment of status for person married to a US citizen Cancellation of removal for Lawful Permanent Residents For Lawful Permanent Residents: In order to be eligible to request cancellation of removal, an alien must show: (1) he has been an alien lawfully admitted for permanent residence status for not less than five (5) years; OR, (2) he has resided in the United States continuously for seven (7) years after having been admitted in any status; AND (3) he has not been convicted of an "aggravated felony Fro Permanent residents, the decision to let the alien stay in the US, and not lose his residency, is in the discretion of the immigration judge who will weigh the negative and positive factors, such as, his family ties in the US, length or US residency, the hardship that would be causes to his family if removed, his employment history, existence of property and business ties, his service to the community. Negative factors would be evidence of bad character and to include any criminal record, as well as the reasons why the alien was placed in removal proceedings. The standard for obtaining cancellation of removal for a legal resident is much lower that that required to obtain cancellation for a nonimmigrant or undocumented alien. (see below) Cancellation of Removal for non Permanent residents For non-permanent resident aliens and including undocumented aliens: In order for an alien to request this type of cancellation of removal, an alien must show: (1) he has been physically present in the United States for ten (10) years preceding the date of the request; (2) he has been a person of good moral character during those ten (10) years (i.e, no criminal/immigration record); AND that (3) removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child who is a citizen of the United States or a lawful permanent resident. The standard of exceptional and extremely unusual hardship is hard to meet. It must be demonstrated that the hardship suffered by the US citizen or resident relative is far worse than that normally associated with the hardship typically caused by a deportation. The case must be well documented and really demonstrate an exceptional case of hardship. Adjustment of status for person married to a US citizen If otherwise eligible, it is frequently possible to preempt an order or removal by filing an adjustment of status application for an alien show is married to a US citizen, and even f the marriage takes place after the removal proceedings have been initiated. Typically, if it appears that the alien is eligible to adjust status, the immigration court will give the alien enough time to file the immigrant petition, have it adjudicated and apply for adjustment of status to legal permanent resident. If all else fails, Voluntary departure permits an individual, who is otherwise removable, to depart from the US at their own expense within a designated amount of time (normally within 120 days) In this case the individual will avoid a final and formal order of removal. However, voluntary departure is not available in all cases Voluntary departure is preferable to a removal order for a number of reasons. If an individual is issued a removal order they may be barred from reentering the United States for up to ten years unless they later file for a waiver or for permission to re-apply to enter the US. However, If the individual voluntarily departs within the time ordered by the court, she will not be automatically barred from legally reentering in the future. In addition, an individual with a removal order is barred from applying for ten years for cancellation of removal, adjustment of status and other immigration benefits, unless they obtain a waiver. FOR AN INITIAL FREE CONSULTATION CALL: |
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