Deportation / Removal Defense
An alien who enters or remains in the US unlawfully or being charged with immigration or criminal violations can land him/herself in deportation/removal proceedings. Such aliens are issued an NTA (Notice to Appear) to appear in front of an Immigration judge to initiate the removal proceedings. However, an alien can seek relief from removal if he is eligible for these relief.
Lhachoepa Law Office can spend more time with you and discuss what types of relief may be available to you based on your circumstances. The following are some types of relief from removal that may be available to you if you or your loved ones are served an NTA for deportation proceedings.
Family-based adjustment of status:
You can adjust your status to a lawful resident through the family-based adjustment of status if you are eligible and meet other requirements. Generally, it is required that you must have entered the U.S. legally to qualify for adjustment. However, some exceptions to the legal-entry requirement are available.
Asylum:
This is a form of protection for people who have fled persecution or fear future persecution in their home country. A grant of asylum allows legal status in the U.S., a work permit, and eventually a Green Card. See under Asylum for more details.
Withholding of removal:
The basis for seeking this relief is same as asylum in many ways. However, it is more difficult to be granted because you have to show that it is “more likely than not” that you would be persecuted in your home country upon return. Moreover, it provides fewer benefits than asylum.
Protection under the Convention Against Torture (CAT):
Relief from removal is granted only if it can be shown that it is “more likely than not” that the government of the applicant’s home country—or some person or group the government cannot control—will torture that person. Unlike asylum, it does not matter why you would be tortured; the fact that “it is likely that you would be tortured” would be enough. However, this relief gives only limited benefits.
Cancellation of removal for persons who are not lawful Permanent Residents:
This relief is a way of obtaining a Green Card if you can prove ten years’ physical presence in the U.S., and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident).
Cancellation under the Violence Against Women Act (VAWA):
Similar to cancellation of removal for non-permanent residents, an applicant for VAWA cancellation must show that he or she has been “battered or subjected to extreme cruelty” by a “qualifying relative” and meets other requirements, including three years of physical presence in the U.S. and good moral character.
DEPORTATION APPEALS:
If you are ordered deported by an immigration judge, you can file an appeal against that decision with the BIA (Board of Immigration Appeals). The BIA reviews the decision of the immigration judge and how the law was interpreted. The appeal must be filed timely – within 30 days of the immigration judge’s decision. If the appeal is properly filed, the removal order is automatically stayed during the pendency of the appeal with the BIA.
Our law offices handle appeals to the BIA of final deportation from an immigration judge. If you have received a final deportation order, since time is of the essence, you must contact us right away so that a Notice of Appeal can be filed in time with the BIA.