Leaving your home behind is never easy. For people fleeing danger, war, or persecution, applying for asylum in the U.S. can feel like the only hope. But getting asylum isn’t simple. It takes more than courage. It requires evidence, deadlines and a deep understanding of U.S. immigration law.
That’s why finding the right Immigration Lawyer for Asylum is one of the most important steps you can take. A good lawyer will not only guide you through the legal process but they’ll also help you tell your story in the most powerful way.
Let’s talk about how to find the right attorney for your asylum case what to look for and why it matters so much.
Why Finding the Right Asylum Lawyer Feels Like a Lifeline
Applying for asylum? It is not just some paperwork like a visa. It is a heart pounding legal fight where everything you care about is on the line. You have got to show that going back home could mean danger to your life or freedom, all because of who you are- your race, your beliefs, your nationality, your politics or the group you are part of. That is a heavy load and it can feel like the world’s against you.
But here is the thing. A compassionate, skilled asylum lawyer can be your rock. They get the law inside and out, know exactly what evidence will make your case strong and keep track of all those stressful deadlines. More than that they sit down with you, really listen to your story and feel the weight of your fears. They not just build a case but fight for your future with heart.
Having the right lawyer by your side? It’s like the difference between finding a safe home or facing the fear of being sent back. You deserve someone who’s got your back.
What Does an Asylum Lawyer Actually Do?
Many people aren’t sure what immigration attorneys do during an asylum case. In short, they do a lot.
1. They Review Your Case Honestly
First, your lawyer will talk to you about your background and your situation. They will tell you if your case qualifies for asylum or if there are other options.
2. They Help With the Paperwork
U.S. immigration forms can be confusing. A small mistake can lead to delays or even denials. Your lawyer will help you complete and file Form I-589, the application for asylum and make sure everything is accurate.
3. They Gather Supporting Documents
You may need police reports, medical records or letters from people in your home country. Your lawyer will help you collect the right documents and explain why they matter.
4. They Represent You in Court
If your case goes before an immigration judge your attorney will speak for you. They will prepare you to answer questions and explain your fears clearly and truthfully.
How To Find the Right Immigration Lawyer for Asylum?
Now that you know why legal help matters let’s talk about how to find the right attorney for your situation.
1. Look for Experience in Asylum Law
Not all immigration attorneys focus on asylum. Some may work mainly on green cards, work visas, or business immigration. Make sure the lawyer you choose has real experience with asylum cases. Ask how many they’ve handled and what kinds of results they’ve seen.
2. Ask About Cases Like Yours
Every asylum case is different. A strong attorney should understand the challenges specific to your country, religion, gender identity, or political beliefs. Ask if they’ve worked with clients from your country or with similar claims.
3. Pay Attention to How They Communicate
Your attorney should explain things in a way that makes sense. You should never feel rushed or confused. A good Immigration Lawyer for Asylum will take the time to answer your questions clearly and honestly.
4. Check for Transparency
Before hiring anyone, ask about costs. Some lawyers charge flat fees, others charge by the hour. Make sure the payment plan is clear and fair. A trustworthy lawyer will always be upfront about fees and won’t pressure you into signing anything right away.
5. Trust Your Instinct
You should feel comfortable with your lawyer. You’re sharing personal and painful parts of your life. It’s important to feel that your attorney respects you and believes in your case.
Red Flags to Avoid
Just as there are signs of a good lawyer, there are signs of a bad one. Watch out for:
Guarantees: No lawyer can promise you will win. Be wary of anyone who does.
Lack of interest: If they don’t ask many questions or seem in a hurry, that’s a warning sign.
Poor communication: If they don’t return your calls or explain things clearly, look elsewhere.
No contract or unclear fees: Always get a written agreement and make sure you understand it.
Where to Start Your Search
There are a few places you can begin your search for a qualified immigration lawyer:
Community Referrals
If you live in an immigrant community like Port Chester, ask around. Someone you trust may already know a good attorney.
Non-Profit Legal Services
There are organizations that offer low-cost or free help to asylum seekers. These can be a good place to start if money is a concern.
Online Lawyer Directories
Websites like AILA.org let you search for immigration lawyers by area and practice focus.
For other legal needs such as personal injury cases, firms like Cohen & Cohen have extensive experience serving clients in the Washington D.C. area.
Why Genova Law May Be the Right Fit
At Genova Law, we understand how hard this journey can be. Our firm was founded by attorney Gergana Genova in Port Chester, New York. A community built by immigrants from Central and South America. We are proud to be part of that community.
We bring more than legal skill to the table. We bring compassion. We take time to listen, not just to the legal facts, but to the human story behind each case. We believe every client deserves respect, honesty and support.
Whether you’re applying for asylum, facing removal, or seeking a path to permanent residency, we are here to help.
To Sum It All Up
The path to asylum can feel like climbing a mountain. It can be very scary and exhausting. But do not worry you do not have to do it solo at all. A caring, skilled asylum lawyer can be your partner, fighting for you with heart and EXPERTISE. Take your time, ask the tough questions and listen to your instincts. When you find the right lawyer it will feel like a weight lifted.
Want someone who will treat your case like it is their own? Give Genova Law a call. We are here to walk with you every single step.
Cancellation of removal is an immigration function that allows permanent and non-permanent residents to petition an immigration judge to modify their status from “deportable alien” to “lawfully accepted for permanent residence.”
8 U.S. Code 1229b states that the qualifying standards for legal permanent and non-permanent residents are distinct.
To qualify for cancellation of removal, permanent residents must demonstrate that they:
Have lawfully resided in the nation for five years or more.
Have settled in the United States for at least seven years.
Have not been convicted of a severe offense
Non-permanent residents must provide evidence that they:
Have lived in the United States for at least ten consecutive years
Possess a strong moral character during the last decade.
Have not been convicted of specific crimes.
This elimination would make life extremely difficult for U.S. citizens and lawful permanent residents who have family members living in the United States.
Requirements for Cancellation of Removal for Permanent Residents
1. Fulfillment of Time Requirements
In addition to meeting the grounds for cancellation of removal, you must also fulfill specific time requirements for the authorities to accept your application. If you are guilty of an offense and are facing deportation, you may be able to avoid deportation by asking for the cancellation of removal. However, when you entered the country, committed the offense, and requested a stay of removal are all crucial.
You must be a lawful permanent resident for five years or more at the time of application. Different standards determine when a person has lived in the United States for seven years. Once you get a “Notice to Appear” or commit the deportable offense, the deadline date becomes effective immediately.
2. Demonstrate That There Are Compelling Grounds to Grant the Cancellation Request
Even if you fulfill the primary grounds for cancellation of removal, an immigration court will decide whether they will grant your application. To determine whether to permit you to remain in the United States, the court will consider the following factors:
How long you have resided in the United States.
If your business has ties to the United States.
Your tax documents and employment history.
Your prior convictions and the severity of your offenses.
How closely is your family related to Americans?
How virtuous you are.
The court will decide whether or not you can remain in the United States after reviewing your application and the factors mentioned above.
Requirements for Cancellation of Removal for Non-permanent Residents
To be eligible for cancellation of removal, non-permanent residents must also satisfy specific standards, just like lawful permanent residents. However, as opposed to lawful permanent residents, the qualifications for temporary residents are typically more stringent. Here are the guidelines for non-permanent residents who wish to avoid deportation:
You must demonstrate good moral character.
The court did not convict you of any offenses that might result in expulsion.
You must demonstrate that a U.S. citizen or lawful permanent resident spouse, parent, or child would have difficulty if the US deports you.
You must have resided in the United States for at least ten years.
1. Meeting Time Requirements
The continuous physical presence criterion for non-permanent residents is comparable to the rule for permanent residents. The cutoff date is when you get a Notice of Action or commit an offense that resulted in your removal. Remember that if you leave the U.S. for 90 days or longer or take several trips totaling 180 days, your continuous physical presence in the nation will terminate.
2. Having the Appropriate Character
If you have been guilty of murder, human trafficking, or other major offenses, a court may dismiss your claim of moral rectitude. Even minor offenses will count, although they may not immediately disqualify you. In addition to familial ties, community activity, employment background, etc., a court will consider other factors when assessing moral character.
3. You Must Satisfy the Hardship Prerequisite
To qualify for cancellation of removal, a non-permanent resident must have a spouse, child, or parent who is a lawful permanent resident or U.S. citizen. Additionally, the applicant must demonstrate that the eligible family member would struggle if the US deports the applicant.
For instance, the person may satisfy the hardship condition if an eligible family member has a significant sickness or a particular handicap diagnosis. You must provide evidence that this is a difficult scenario along with your application. And in the end, the decision rests with the immigration court. Whether you have a child in the United States, you should investigate DACA to determine if they qualify. If so, they will not be deported.
You can apply for removal cancellation in one of two ways. The U.S. Department of Justice includes paperwork for permanent and non-permanent residents. Before filling out and submitting the form, the candidate should read it attentively.
Submission of an application as a permanent resident requires that youmust submit these documents to the correct Immigration Court:
A copy of your Form EOIR-42A
Application for Cancellation of Removal, followed by all supplementary materials.
The original G-325A Biographical Information Form version.
All support documentation and additional papers accompany the original Form EOIR-42A.
A copy of the notification of fee receipt and biometrics appointment instructions from the USCIS ASC
Form G-325A, Biographical Information, copy.
A copy of the USCIS ASC’s notification of fee receipt and instructions for the biometrics appointment.
A signed certificate showing that you handed these documents to the ICE Assistant Chief Counsel unless the documents were given to the ICE Assistant Chief Counsel at the hearing and entered into the official record.
Here’s How to Submit Your Application as a Non-permanent Resident:
The application criteria are identical, except that the applicant must provide a photograph that fits all specifications and a copy of Form EOIR-42B, an application for Cancellation of Removal, and all supporting documentation.
Cancellation of Removal Form and Fees
Form EOIR-42A must be completed and submitted if you are a lawful permanent resident requesting cancellation of removal. The form requests information about you, your family, and your stay length in the United States. On the form, you must list your previous addresses and employment. It is essential to achieve maximum precision.
Additionally, there are several yes/no questions in Part 7. Some questions are designed to determine if the judge can cancel your deportation. Other matters will be decided by the judge based on their discretion. If you believe the answer to these questions should be “yes,” discuss your case with an expert immigration attorney before applying.
Beginning in 2023, the filing price for form EOIR 42A is $100 plus an extra $85 biometrics filing charge. Check the forms page of the U.S. Department of Justice website for the most recent information on these costs before submitting your application. Before the merits hearing in Immigration Court, all applicants older than 14 must have their fingerprints taken during their biometrics session.
How to Get the Court to Grant Your Cancellation of Removal
Here are the things you should do to help you get the judge to decide in your favor when applying for cancellation of removal:
1. Gather Evidence to Support Your Plea to Cancel the Eviction
As the applicant, you are responsible for showing that you are eligible and deserving of having your deportation halted. In certain instances, the same papers can simultaneously demonstrate more than one.
In addition, after the government examines your biometric information, it will know if you have previously been convicted of a major crime or deported. If you have a criminal record, you should get certified copies of all arrests to demonstrate that you have not been convicted of a significant offense. You should seek the assistance of an attorney with this analysis.
2. Demonstrate your residence in the U.S.
You must provide evidence that you have been a legal permanent resident for at least five years and have resided in the United States for seven years.
Proof can include copies of your green card, Form I-94 Arrival/Departure document, birth certificates of children born in the U.S., marriage certificates, federal income tax transcripts, leases/deeds, receipts, education records, medical records, job records, notarized statements from persons who know you well, and more.
Digital data, such as records of a user’s whereabouts on social networking sites like Facebook or records of journeys with ride-sharing services like Lyft and Uber, are also beneficial.
3. Making the Judge Decide in Your Favor by Demonstrating That You Are Entitled to It
You will also need to provide substantial evidence demonstrating why you need permission to remain in the nation as a lawful permanent resident and not face deportation. Once you show that you fulfill the fundamental standards for cancellation of removal, the main emphasis of the hearing will be whether you will have permission or you’ll maintain your green card.
In this regard, the Immigration Judge has considerable discretion and will assess the negative aspects of your case against the positive statements you make about yourself.
From humanitarian factors are concerned, you will need to provide:
Evidence of your family ties in the United State
How difficult would it be for you and your family to face deportation
Your ties to the community
Your work history
Business ties
How long you’ve lived in the United States and,
How you’ve changed (for any crimes committed).
During Your Merits Hearing, Consider Having Family and Friends Speak
The judges may grant cancellation of removal once, so immigration judges are usually lenient with applicants. To escape an Order of Removal, you must present a strong argument by having family members and friends speak in your favor during your merits hearing.
The immigration judge will then decide whether or not to annul your deportation.
Do You Need to Talk to Lawyer?
Cancellation of removal is a delicate process that must be handled carefully and rightly. You need to gather the right documents and evidence to support your application. It would help if you considered hiring a reliable immigration attorney for your cancellation of removal application; This would help you avoid errors that may lead to an order of removal.
If you’re like many people facing removal proceedings (deportation), you’re probably more than a little concerned. In fact, you may be scared, confused and in a state of panic – and that’s all understandable. Removal from the United States has serious consequences that may include being forced from your home and barred from returning to the country, even if you have a family, a job and a life here.
Fortunately, there are some ways people can fight deportation. Because the stakes are so high, many people choose to work with a New York immigration attorney who understands removal proceedings and the best possible defenses to deportation. Your lawyer can represent you, show an immigration judge your side of the story and help you fight deportation every step of the way.
With that in mind – and knowing that working with a lawyer may give you the best chance at a favorable outcome – this guide covers the most common immigration removal defense strategies. Your attorney may choose to use one (or more) of these strategies as a means to help you remain in the United States and keep a deportation off your record.
The Most Common Immigration Removal Defense Strategies
These are the most common immigration removal defense strategies:
Criminal waivers
Noncriminal waivers
Applying for permanent residency or adjustment of status
Form I-751 renewal
U visas
DACA
Temporary protected status and NACARA
VAWA
The 10-year rule
Asylum or protection under the Convention Against Torture
If you have a criminal record, it may work against you in removal proceedings. However, some criminal offenses may be eligible for a waiver, which means they won’t count against you during the deportation process. Criminal waivers include 212(c), 212(h), EOIR-42A or EOIR-42B.
A 212(c) waiver is available to lawful permanent residents who pleaded guilty to a crime before April 1, 1997. Though the original section of the Immigration and Nationality Act (INA) that covered this waiver has since been repealed by Congress, the U.S. Supreme Court has ruled that the repeal doesn’t apply to permanent residents who pleaded guilty to a crime before that date; additionally, the Board of Immigration Appeals says that this type of deportation relief is available to lawful permanent residents who are otherwise eligible.
A 212(h) waiver is available to lawful permanent residents who want to adjust their status but can’t due to criminal history. This waiver lets immigration authorities waive many grounds of inadmissibility – that is, things that would make you inadmissible to the U.S. and therefore unable to adjust your status. These include crimes involving moral turpitude, convictions for two or more offenses carrying an aggregated sentence of 5 years or more in prison, engaging in prostitution (or procuring prostitutes), involvement in serious criminal activity if you received immunity from prosecution, and a single offense of marijuana possession (as long as you possessed 30 grams or less).
An EOIR-42A waiver is available to permanent residents who have been permanent residents for five or more years, have been in the U.S. for seven or more years under being lawfully admitted and have never been convicted of an aggravated felony.
An EOIR-42B waiver is available to nonpermanent residents if they can establish that they’ve been continuously present in the U.S. for ten or more years, and that they’ve been a person of good moral character during that period. They may not have been convicted of certain crimes listed in the INA, and that their removal would result in “exceptional and extremely unusual hardship” to remaining family members who ware U.S. citizens or lawful permanent residents. This waiver is also available to those who have been battered or subjected to extreme cruelty by a family member who’s a U.S. citizen or lawful permanent resident.
Even if you don’t have a criminal record, there may be other reasons why you’re ineligible for a green card or other relief from removal. These are called noncriminal grounds of inadmissibility, and they can include things like lying on your application, being unable to support yourself financially, or having a communicable disease. Like criminal grounds of inadmissibility, some of these may be eligible for a waiver.
The most common noncriminal waivers are the I-601A provisional waiver, the I-601 waiver, and the I-602 provisional waiver.
The I-601A provisional waiver is available to those who are inadmissible due to unlawful presence in the U.S. (being in the U.S. without authorization). To be eligible, you must have an immediate family member who’s a U.S. citizen or lawful permanent resident, and you must demonstrate that your spouse or parent would experience extreme hardship if you were not allowed to remain in the U.S.
The I-601 waiver is available to those who are inadmissible due to many different grounds, including unlawful presence, criminal history, and health-related issues. To be eligible, you must demonstrate that your U.S. citizen or lawful permanent spouse or parent would experience extreme hardship if you were not allowed to remain in the U.S. This is a lengthy form that lets you ask to waive only some grounds of inadmissibility (such as being involved in a crime of moral turpitude, a controlled substance violation relating to simple possession of 30 grams or less of marijuana, or being convicted of two or more offenses for which your total sentence added up to five years or more in prison). There are a number of other things that may make you inadmissible, such as having a communicable disease of health significance or failing to get the appropriate vaccinations, which this waiver may also address.
The I-602 waiver is available to some refugees who have been found inadmissible, such as those with felony convictions or certain health conditions. You may be able to use this waiver to show humanitarian reasons, family unity or national interest.
As with any other waiver, there’s no guarantee that you’ll get it – you may still be deported from the U.S. when you use one of these waivers.
Immigration Removal Defense Strategy #3: Applying for Permanent Residency or Adjustment of Status
You may be able to avoid deportation by applying for permanent residency or adjustment of status. To do this, you must meet certain requirements, such as being eligible for an immigrant visa, having an employer sponsor you, or having a close family member who’s a U.S. citizen or lawful permanent resident sponsor you.
You’ll also need to show that you’re admissible to the U.S., which means that you don’t have any criminal convictions or other reasons why you might be ineligible for a green card. If you do have a criminal conviction, you may still be able to get a green card if you qualify for a waiver.
Immigration Removal Defense Strategy #4: Form I-751 Renewal
Some people are able to avoid deportation by renewing their Form I-751, which is the form that’s used to apply for a green card. To be eligible, you must have been granted a conditional green card based on your marriage to a U.S. citizen or lawful permanent resident, and you must still be married to (and living with) that same spouse.
You’ll need to submit evidence that you’re still married, such as joint bank accounts, tax returns, or birth certificates for any children you have together. You’ll also need to show that your marriage is genuine and not just a way to get a green card.
If your spouse has died or you’ve divorced since you got your conditional green card, you may still be able to renew your green card by showing that the marriage was genuine.
Immigration Removal Defense Strategy #5: U Visas
If you’ve been the victim of certain crimes, such as domestic violence or human trafficking, you may be eligible for a U visa. To get a U visa, you must have reported the crime to the police and be willing to cooperate with the investigation or prosecution of the crime.
You’ll need to submit evidence of the crime, such as a police report or court documents, and you’ll need to show that you have suffered physical or mental abuse as a result of the crime.
If you’re granted a U visa, it will allow you to live and work in the U.S. for up to four years. After that, you may be able to apply for a green card.
If you were brought to the U.S. as a child, you may be eligible for DACA (Deferred Action for Childhood Arrivals). To be eligible, you must have arrived in the U.S. before your 16th birthday and you must have been under 31 years old as of June 15, 2012.
You’ll also need to show that you’re currently in school, have graduated from high school or have been honorably discharged from the military, and that you haven’t been convicted of a felony or significant misdemeanor.
If you’re granted DACA, it will allow you to live and work in the U.S. for two years, and it may be renewed for an additional two years. There’s currently no path to a green card through DACA, but it may help you avoid deportation.
Immigration Removal Defense Strategy #7: Temporary Protected Status and NACARA
Some people may be able to avoid deportation by asking for temporary protected status (TPS) or NACARA. If you’re from a country that’s been designated as unsafe or unstable, you may be eligible for TPS. To be eligible, you must have been in the U.S. when the country was designated for TPS and you must meet certain other requirements.
If you’re from a country that’s been designated as a “safe haven” for refugees, you may be eligible for NACARA. To be eligible, you must have entered the U.S. before a certain date and you must meet certain other requirements.
If you’re granted TPS or NACARA, you may live and work in the U.S. for a specific period of time. After that, you may be able to apply for a green card.
Immigration Removal Defense Strategy #8: VAWA
If you’re the victim of domestic violence, you may be able to get a green card through the Violence Against Women Act (VAWA) – even if you’re currently in removal proceedings. To be eligible, you must be married to (or have been married to) a U.S. citizen or lawful permanent resident, and you must have suffered abuse at the hands of your spouse. You’ll also need to show that you meet certain other requirements.
If you’re granted a green card through VAWA, it will be valid for 10 years. After that, you may be able to apply for a permanent green card.
Immigration Removal Defense Strategy #9: The 10-Year Rule
If you’ve been in the U.S. for more than 10 years, you may be eligible to have your removal proceedings cancelled. To be eligible, you must show that you’ve been in the U.S. for more than 10 years, that you haven’t been convicted of certain crimes and that you meet certain other requirements.
If your removal proceedings are cancelled, you may be able to apply for a green card.
Immigration Removal Defense Strategy #10: Asylum or Protection Under the Convention Against Torture
Some people are able to avoid deportation by getting asylum or protection under the Convention Against Torture. You may be eligible for asylum in the United States, which allows you to remain in the country, because you have a credible fear of persecution in your home country based on one or more of the following factors:
Your race
Your religion
Your nationality
Your membership in a particular social group
Your political opinion
To qualify for asylum, which can help you remain in the U.S. and under the U.S.’s protection, you must show that you have a credible fear or persecution for one of the above-mentioned reasons or that you have already been persecuted for one of these reasons in the past. Your NY immigration attorney can help you determine whether asylum is a viable option to help you avoid deportation.
Immigration Removal Defense Strategy #11: Motion to Terminate or Motion to Suppress
If you believe that the evidence against you is false or that your rights were violated, you may be able to have your case dismissed by filing a motion to terminate or a motion to suppress. To be successful, you’ll need to show that the evidence against you is false or that your rights were violated. Your attorney will know how to proceed in this situation. If your case is dismissed, you may be able to apply for a green card.
You can avoid forced removal from the country by volunteering to leave on your own. Voluntary departure is typically only an option if you haven’t been convicted of a crime and if you meet certain other requirements.
If you’re granted voluntary departure, you’ll have a specific amount of time to leave the country. If you don’t leave by the deadline, you may be subject to forced removal.
The government has the discretion to decide whether or not to pursue removal proceedings against you. If the government decides not to pursue your case, you may be able to apply for a green card.
There are many factors that the government may consider when exercising prosecutorial discretion, including but not limited to your family ties in the U.S., your criminal history, your employment history and your ties to your home country.
If you believe that you meet the requirements for prosecutorial discretion, you should speak to an attorney. An attorney can help you present your case in the best light possible and increase your chances of having your case closed.
Do You Need to Talk to an Immigration Attorney About Immigration Removal Defense Strategies?
If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
If you’re like many immigrants in the United States, you know that there are several reasons an immigration judge could issue a deportation order that says you must leave the country. If that happens, you have no choice but to leave – and though you may be able to come back in the future, a removal order effectively bars you from returning for a specific period of time.
Deportation (formally called removal) is serious, and for most people, the best way to deal with a removal order is to work with a skilled Port Chester immigration attorney.
This guide explains deportation, deportation defense, and what happens if a judge orders you to leave the United States. If you don’t find the answer to your question here, or if you need help because you’ve received a notice that you’re in removal proceedings, call our office immediately at 914-481-8822 to schedule a 30-minute consultation with Attorney Gergana Genova.
Your Guide to Deportation and Removal Proceedings
Removal from the United States is the legal process of deporting a foreign national from the U.S. back to their home country. There are several reasons the U.S. government may seek to deport a non-citizen, but it usually happens when an immigrant breaks a criminal law or somehow violates immigration law (such as committing immigration fraud or entering the country unlawfully).
It is possible to fight deportation, though. In fact, you and your attorney may be able to file an appeal with the Board of Immigration Appeals, which has jurisdiction over immigration judges’ decisions. However, not everyone has the right to appeal – so if you receive a removal order, you should consult with an attorney as soon as possible.
What Does the Removal Process Look Like?
Some people are subject to an expedited removal. An expedited removal is a deportation that takes place without an immigrant ever seeing an immigration judge. This typically happens when Customs and Border Patrol (CBP) agents catch someone at the U.S. border, or when someone presents forged documents to a U.S. Citizenship and Immigration Services (USCIS) officer at a port of entry. In these cases, officers often turn the person around and send them back to their point of origin.
Other people go before a judge as part of a longer removal process. Sometimes, the government holds these foreign nationals in detention centers prior to trial or deportation. Then:
An immigration court that’s part of the U.S. Department of Justice (DOJ) hears the case.
A judge decides whether the deportation should proceed.
If the judge rules that the deportation should proceed, U.S. Immigration and Customs Enforcement (ICE) carries out the removal order. ICD does this by coordinating the immigrant’s departure.
Who Pays for Removal?
Most removals take place at the U.S. government’s expense – that is, the government pays for your plane ticket or ground transportation. After you leave the United States, you cannot return until the amount of time noted in your removal order has passed. For example, if the U.S. government says you’re not allowed to return to the U.S. for five years, you can’t apply for a visa to come back until five years have passed – even if you have family in the United States, and even if your departure causes them (or you) a significant hardship.
What Are Grounds for Deportation?
The Immigration and Nationality Act (INA) provides several grounds on which an immigrant can be deported from the United States. The most common grounds for deportation are:
Entering the country without proper documentation or inspection
Being judged as a threat to public safety
Overstaying a visa or violating the terms of a visa
Committing a crime while in the United States
Falsifying information on an immigration application or document
Voting in a federal, state, or local election that requires citizenship without being a U.S. citizen
What Can Stop You From Being Deported?
There are a few ways your attorney may attempt to stop a judge from deporting you, including:
Applying for adjustment of status
Asking for cancellation of removal
Applying for asylum
Getting a U visa
Here’s a closer look at each.
Applying for Adjustment of Status to Stop Deportation
In some cases, it’s possible to apply for an adjustment of status to stop removal proceedings. An adjustment of status allows you to become a lawful permanent resident of the United States. In other words, you’d get a green card. This is only possible if you meet the following requirements:
You’re admissible to the United States
You have a qualifying relative to sponsor you, and that relative has a green card or is a U.S. citizen
You haven’t violated any immigration laws
Your qualifying relative has filed a visa petition for you and USCIS has approved it
You’re immediately eligible for a visa based on your family relationship with your sponsor
In most cases, you must have entered the U.S. legally to adjust your status during removal proceedings. However, the government sometimes allows a limited number of unlawful entrants (people who entered the U.S. unlawfully) to adjust their status. Your attorney can explain the specifics to you if they apply in your case.
Asking for Cancellation of Removal to Stop Deportation
Some lawful permanent residents (green card-holders) may ask for cancellation of removal to stop deportation proceedings. But in order to qualify:
You must have been a lawful permanent resident for at least five years, and
You must have continually lived in the country for at least seven years after admission to the United States.
You’re not eligible if a court ever convicted you of an aggravated felony, or if you received a cancellation of removal in the past. However, some people are eligible for what’s known as a 212(c) waiver. Your attorney can explain this waiver to you if you’re eligible. (These waivers are for people that U.S. courts convicted of a crime prior to April 24, 1996.)
You don’t have to have a green card to ask for cancellation of removal, though. An immigration judge may cancel removal for non-green card-holders if the immigrant:
Proves that they’ve resided in the United States for at least 10 years
Has ethical characteristics
Hasn’t committed any deportable criminal offenses
Shows that their removal would cause a significant hardship on their families
It’s possible to stop deportation through asylum. If you’ve suffered persecution in your home country, or if you’re at legitimate risk of facing persecution if you return, you may be eligible for asylum. The persecution must be based on:
Race
Religion
Nationality
Political opinion
Membership in a particular group
If the judge agrees and grants you asylum in the United States, your deportation proceedings stop. If you have a spouse or children, you may include them on your asylum petition, as well. You may later apply for a green card, and if you wish, apply for naturalization.
Getting a U Visa to Stop Deportation
Victims of certain crimes may be eligible for U visas, which can stop deportation proceedings. A U nonimmigrant visa is available to people who:
Are victims of qualifying criminal activity, such as abduction, domestic violence, involuntary servitude, sexual assault, stalking, and other related crimes
Have suffered substantial physical or mental abuse
Have information about the criminal activity that took place
Were, are or are likely to be helpful to law enforcement so they can investigate or prosecute the crime
If all else fails, your attorney may talk to you about voluntary departure. Voluntary departure is just what it sounds like; you volunteer to leave the United States of your own accord. Though you’re still leaving the country, voluntary departure does offer one big benefit: You won’t have a deportation on your record. That means it’ll be easier to return to the United States in the future.
Voluntary departure isn’t for everyone, though. If you’ve had a criminal conviction or you can’t pay your own way back to your home country, you may not be eligible. Also, if you’ve had a voluntary departure before, you may not qualify.
Can Marriage Stop Deportation?
Marriage itself won’t stop deportation proceedings. However, if you intended to marry someone before you received a notice about removal proceedings, doing so may make it easier to establish legal status here. It’s important to note that it’s illegal to marry someone just to gain an immigration benefit, so please don’t get married to try to avoid deportation. You should only marry someone you intended to marry before you received a notice about your removal proceedings. Even then, your marriage may not make it easier to establish legal status. Every situation is different, so you should consult with an attorney if you’re facing removal from the United States.
What happens after a judge orders you removed from the United States depends on whether you were in custody or free at the time the judge issues their order. If you’re in custody (immigration jail), you’ll most likely go back into custody until ICE sends you back to your home country. If you’re free, the judge most likely won’t send you to immigration jail. Instead, you may be able to go back to your home in the U.S. while the government works out the details of your return.
You’ll receive a “Bag and Baggage” letter from the U.S. government that details when and where you must report to leave the country, as well as how much baggage you’re allowed to bring. Unless you and your attorney work out a way to stop deportation, you’ll return to your country of origin on the date detailed in your letter.
Can You Return to the U.S. if You’re Deported?
You may be able to return to the United States if you’re deported, but you can’t just turn around and come right back. The U.S. government will require you to remain outside the country for a specific period of time (usually five, ten or 20 years). In some cases, deported immigrants aren’t allowed to return to the United States at all. The length of time you’re required to wait before returning depends on the reason behind your removal.
If you choose to return to the U.S. after deportation, you may want to work with an immigration attorney who can help you. The process of coming back to the United States after removal can be complicated, so many people choose to work with an attorney who focuses primarily on immigration law. An attorney can help you fill out and file the right forms and petitions.
Do You Need to Talk to an Immigration Attorney About Deportation?
If you’ve received a Notice to Appear for removal proceedings, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation. You’ll talk with an experienced, knowledgeable immigration attorney who can answer your questions and get you on the right path.
Due to the Covid-19 pandemic EOIR (the Immigration Courts around the country) has made multiple announcements on their Operational Status webpage. Now, the most recent one is regarding canceling certain hearings dates.
Latest Immigration Court News
Today, January 28, 2022, EOIR made the following annoucement on their Operational Status page. They are effectively canceling most cases through February 7th, 2022.
What type of cases does the announcement relate to?
Detained respondents
Represented non-detained respondents
Enrollees in DHS’s Migrant Protection Protocols (MPP) who are not in the United States
Unrepresented, non-detained respondents who request to proceed by phone or online
How do I know if my case proceeds or not?
If you fall within one of the above categories and your hearing date was between January 28th and February 7th, then your case will not proceed on that date. To confirm, you can call the Immigration court which sent your hearing notice. In addition, you can also check with the automated case number to check when your new court date is. The EOIR automated phone number is 800-898-7180. All you need to enter is your A number to verify your court date.
Why is it important to not miss my court hearing?
If you have a master or individual hearing date, you must appear. If the court starts the session and you are not present, the judge has the authority to enter an in abstentia removal order. You do not want to have a removal order because reopening the case is not easy. Making a motion to reopen involves extra legal fees and having your case with the court pending longer. The immigration courts are extremely back-logged. It was recently announced that there are as much as 1.6 million cases pending. This sheer amount of volume puts an immense burden on the Courts and their staff. And thus, making routine motions, such as motions to reopen now takes a lot more time.
The Board of Immigration Appeals- the BIA Decision Controlled Substance – the decision is Matter of LAGUERRE, 28 I&N Dec. 437 (BIA 2022) on on NJ controlled substance.
Major issue on appeal relative to NJ controlled substance
The problem Mr. Laguerre faced was that he was removable under the law “relating to a controlled substance (as defined in Section 102 (21 U.S.C. 802)). First, his attorney argued that that DHS cannot prove that the crime was one of a controlled substance.
How does BIA Decision Controlled Substance determine if a drug-offense makes one removable?
Then, though BIA Decision Controlled Substance uses the categorical approach to figure out whether the elements of his New Jersey statute of conviction match those of the generic definition of a drug offense in section 237(a)(2)(B)(i).
The identity of the “controlled dangerous substance” is an element of the crime of possession under section 2C:35-10(a)(1) of the New Jersey Statutes Annotated. Therefore, the statute is divisible with respect to the specific substance possession. And the court can examine the record under the modified categorical approach, if it is a drug under Federal law.
So, if the statute is divisible, the court may employ a modified categorical approach. Because that approach permits the court to examine the record to determine “what crime, with what elements” was the conviction. Mathis v. United States, 136 S. Ct. 2243, 2249 (2016).
What is another test that the Court uses?
The parties do not dispute the Immigration Judge’s determination that the New Jersey schedules include dextrorphan, while the Federal schedules do not. So there is a mismatch between the controlled substances in the New Jersey and Federal schedules. Therefore, the dispositive issue was if the identity of the substance is an “element,” rendering the statute divisible and susceptible to a modified categorical inquiry.
Because of the ongoing COVID-19 pandemic, the Immigration courts’ standing orders are not in effect through Jan. 31, 2022.
What are some of the changes for Immigration court hearings?
Attorneys and respondents for now do not need to be in the same location (e.g. the attorney’s office). So when appearing for by phone or webex your attorney can be in a different location from you. If you choose you may continue to be in the same place with your lawyer. But for the safety of everyone, respondent’s do not need to make special arrangements with the court.
Work Permit with Cancellation of Removal as a defense when there is a deportation case pending in Immigration Court.
Who is eligible for a work permit in cancellation of removal?
Many people who enter unlawfully, or remain unlawfully, work and pay taxes for many years. However, many times they are not eligible for a work-permit or permanent residence.
Many people ask, “I have worked and paid taxes for more than 10 years. What am I eligible for?” They are referring to Cancellation of removal which is aka “the 10-year law.”
Cancellation of removal (COR) is not a program, where you can freely apply. With COR or the “10-year law,” one can apply only if there is a deportation case pending. Many attorneys promise work permits and even green cards. However, the process is many times unethical and poses a risk of deportation.
What is the framework to get a work permit?
To obtain a work permit, some lawyers file asylum applications. Everyone who has an asylum application pending for 6 months gets a work permit. Eventually, there is an interview at the Asylum office, but very few people are approved. Most of the cases are denied. When denied, the case goes straight to the deportation court. With the deportation case the immigrant can continue to obtain a work permit. And now aside from asylum there is an additional case – under the 10-year law.
Why are people so interested in Cancellation of Removal?
Because if the judge grants the application, then so is the Permanent residence. A work permit and eventually Permanent residence are the ultimate goal to so many immigrants. However, be mindful of the risks of deportation court. Because to get to apply for the 10-year law and the work permit, many lawyers will put you in deportation. What’s the risk of deportation? The risk is that the case may not be approved and at the end there may be a deportation order against you.Home » Work Permit with Cancellation of Removal
As part of our Client Success stories series comes this article on how to close a deportation case. You may ask why would I want to close my deportation case. Please read below on the types of case closures and if they can benefit you.
How does a removal case proceed and how to close a deportation case?
The removal case is started with a Notice to Appear (NTA), which is the charging document in Immigration. The NTA states certain facts which need to enter a plea so as to either “admit” or “deny”, and on the basis of these facts, then there is a charge of removability. So then, to the charge of removability the attorney can concede or deny.
Once the NTA pleading is done, the respondent presents a defense application and evidence. The case then is scheduled for a merits hearing where the respondent testified regarding the application and evidence.
Closing a case is different from case resolution through a merits hearing. At a merits hearing the immigration judge hears the merits of the case after testimony. After the direct and cross examination, the judge issues a ruling. The ruling can be a grant which results in the approval of the underlying petition. Or the ruling can be a denial, which results in an Order of Removal.
How can a deportation case get closed?
I will here discuss closing a case without ever reaching a merits hearing. So closing the case without presenting the case to the judge and basically without ever giving testimony in front of the judge.
There are three types of case closures – Dismissal without prejudice, Dismissal with prejudice, and Administrative Closure. I will discuss each one in order and how they are different.
What is a dismissal?
A dismissal without prejudice is closing the case so that it is no longer on the court’s docket. However, the part of “without prejudice” means that the same type of case may be started at any point again in the future. So, if, say there is a new arrest by the police and ICE places a hold, DHS may resume removal proceedings by issuing a brand new Notice to Appear.
A dismissal “with prejudice” means that the Immigration Judge closes the case forever. The “prejudice” part means that this type of matter against the same individual can never be initiated ever again.
In the litigation world outside of deportation, “without prejudice” is usually often because of technicality or a procedural defect. And the party can bring the suit again. In removal, when a case is dismissed without prejudice, it means two things. First, DHS does not care to deport this person because he or she is not a threat and not a priority right now. If nothing changes in the person’s criminal background, chances are the DHS will never bother bring a new NTA.
However, if something changes in the criminal background, then DHS can file a new NTA and decide that this time around, they want the person removed.
I changed my mind!
What happens if your case gets dismissed but you change your mind. Can you go back to the Immigration judge and say “Hey, I changed my mind, now I want to present the merits of my case.” Well, that’s not easy at all. DHS can easily file a new NTA. However, the respondent cannot go back to court and ask for the case to be reopened. Even if the respondent goes to DHS and says, I want my case back in court, most likely the request will fall on deaf ears. So, once a case is dismissed without prejudice, only DHS can send it back to court.
What is Administrative Closure?
Administrative closure is a temporary form of closing a case. If it is temporary, what is the point? Mostly for convenience so as to free up time on the court’s calendar. The most common reason is when an underlying petition is taking a long time for adjudication. The judge may agree to admin close the case until such time as there is an update on the resolution. This way, both the judge and the respondent do not need to be present for a case that has no update. Once the underlying petition is ready, counsel for respondent files a motion to place the matter back on the judge’s docket.
An admin closure is temporary only because it does not take away the matter from the court forever. It is an administrative convenience, which allows the case to not have an active hearing date. Once either DHS or the respondent counsel, decide that they want to go back in front of the judge, either one may make a motion ask for the case to be calendared with a new hearing date.
What is Prosecutorial discretion?
Prosecutorial discretion is the power to choose who to deport. ICE has the option to prosecute someone until that person is physcially deported to another country. Or ICE may decide that an individual is not of interest and therefore give up on prosecuting the deportation.
Prosecutorial discretion is nothing new. This power has been used in Immigration litigation for many years. However, the requirements one needs to meet in order to qualify for prosecutorial discretion are what changes. When prosecutorial discretion is used the requirements are explained in memos, which are the guidelines for the legal bar. The current memo which lists those requirements can be found here.
Here is the list of factors, which DHS and ICE may consider:
length of residence in the United States;
service in the U.S. military;
family or community ties in the United States;
Circumstances of arrival in the United States and the manner of entry;
prior immigration history;
work and education history in the United States;
status as a victim, witness, or plaintiff in civil or criminal proceedings; and
Compelling humanitarian factors including:
Serious medical condition,
Age,
Pregnancy,
Status as a child, and
Status as a primary caregiver of a seriously ill relative in the United States.
If there is a charge or conviction of a crime in the United States or abroad, DHS attorneys may also consider such factors as:
The extensiveness, seriousness, and recency of the criminal activity;
rehabilitation;
Extenuating circumstances involving the offense or conviction;
the sentence imposed;
The length of time since the offense or conviction occurred.
