Deportation Proceedings

Deportation Proceedings can be one of the scariest outcomes a loved one could be facing. Under the current Immigration and Nationality Act, people who are found to have entered this country illegally or overstayed their legal visit can be found in deportation proceedings

Under the Immigration and Nationality Act, a person in deportation proceedings may be eligible for certain relief, which would allow them to stay in this country. The following are certain forms of relief that a person may be eligible for.

Asylum

People who have been apprehended in this country are eligible for Asylum relief if they meet certain requirements.  If your Asylum application is approved, you are allowed to stay in this country indefinitely and can apply for a work authorization card.

Not all immigrants are eligible for Asylum benefits. To be eligible for Asylum you must meet two strict requirements:

  • You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you return.

The reason you have been or will be persecuted is connected to one of five categories:

  • Race
  • Religion
  • Nationality
  • Membership in particular social group
  • Political opinion

If you believe you are eligible for Asylum based on these criteria, please contact our office.

Cancellation of Removal

Cancellation of Removal is a remedy that may be available to people who are here legally and illegally.   There are two forms of Cancellation of Removal: one is for people with no legal status in this country and the other is for certain Permanent Residents.

Permanent Residents

Under the regulation in INA §240A(a), a person who is a Permanent Resident is eligible for Cancellation of Removal if he/she:

  • Has been a Permanent Residence for not less than five years;
  • Has resided in the United States for not less than seven years in any status; and
  • Has not been convicted of an aggravated felony.

Non-Permanent Residents

A Non- Permanent Residents may still apply for Cancellation of Removal if he/she:

  • Has continuously resided in the United States for at least ten years.
  • Has been a person of good moral character throughout his/her entire time in the country;
  • Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
  • Establishes that deporation would result in “exceptional and extremely unusual hardship” to the his/her  spouse, parent, or child who is a United States citizen or legal permanent resident.

Bond Determination

Before a person is deported, he/she is arrested by Immigration Customs Enforcement (ICE) and placed in immigration detention. While in detention, the person may be eligible for bond, depending on his/her criminal and immigration history (INA § 236). An experienced attorney will review the facts of the case and determine eligibility for bond.

Contact us to discuss your case and get honest advice.