Receiving a notice that you or a family member has been put in ICE custody or been placed in deportation is a frightening time. Some of the most common grounds for deportation/removal from the U.S. include criminal convictions, status violations, unlawful presence, prohibited employment activity, and unlawful entry (or illegal immigration). If you are facing deportation or know someone who will be, it is important to consult with one of our experienced attorney as soon as possible.
Adjustment of Status in Court
Adjustment of status refers to the procedure for seeking LPR status in the United States without having to leave the country. For those individuals placed in removal proceedings, it can serve a form of relief. Generally, it requires an approved visa petition through a family member, an employer, or a diversity visa, and a lawful last entry.
Cancellation of Removal
Cancellation of Removal is a discretionary form of relief which allows a person to remain in the United States as a lawful permanent resident even though she or he has been found removable. It is a relief is available for individuals who are already lawful permanent residents (LPR) as well as those who have no legal immigration status (Non-LPR).
You may be eligible to apply for cancelation of removal if you have been living here in the US more than 10 years, have U.S. citizen or Legal Permanent Resident family members, have good moral character, and have not been convicted of certain crimes that would make you ineligible.
Voluntary departure is a limited form of relief. Essentially, the client agrees to leave the United States on his or her own by the deadline that the court provides. This is helpful to the client because they are given several months to prepare to leave the country. The main benefit of asking for voluntary departure is that our clients are left with clean record of a removal order and can hope that in the future they might be able to reenter the United States legally.
A defensive asylum application is filed with the immigration court during removal proceedings. An individual must prove to the immigration court that he or she has a “well-founded” or “reasonable” fear of harm if returned to native country. If you are granted asylum, other family members may be eligible for asylum status as derivative beneficiaries, even if they did not experience the persecution. After holding asylum status for one year, you will be eligible to apply for a green card.
Withholding of Removal
Withholding of removal is similar to asylum in that individual must prove that there is some type of threat to his or her life or freedom. However, the relief granted under a withholding of removal approval is much more limited than relief through asylum. Withholding of removal is a mandatory form of relief, whereas asylum is discretionary.