Removal proceedings are instituted through the filing of a Notice to Appear in court before an immigration judge. This is the process by which the U.S. government formally begins a legal process to deport an individual from the U.S. In order to defend yourself against an order of removal from the U.S., the first step is to retain an immigration attorney, with expertise in removal defense to ensure that your rights are being preserved from day one.
What are my defenses in Immigration Court?
It is vital to have well planned trial strategy when placed in immigration proceedings. An attorney must carefully review your case to determine what application/s for relief will offer the best defense before the immigration court.
Cancellation of Removal for Non-Lawful Permanent Residents
Cancellation of removal relief allows some people to get green cards if they have lived in the U.S. for ten years, have good moral character and can show that their U.S. citizen, or Legal Permanent Resident parent, spouse or child would suffer a high level of hardship. Cancellation may only be granted by an immigration judge. Applicants are eligible to obtain employment authorization as soon as their application is filed with the court. With work authorization you may apply for a social security number, work legally and obtain a state issued driver’s license.
Cancellation of Removal for Green Card Holders
Where a lawful permanent resident (green card holder) has been placed in removal proceedings, cancellation of removal may be an option to defend against removal. This relief may be granted to an individual if he/she has been a lawful permanent resident for five years, had continuous physical presence for 7 years after having been lawfully admitted and has not been convicted of an aggravated felony.
Asylum law is a very complex are of immigration law. Generally, a foreign national qualifies for asylum in the US if they have been persecuted or have a well- founded fear of persecution in their country of citizenship based on
- Political Opinion
- Membership in a Particular Social Group
There are two way to apply for asylum, affirmatively and defensively. Due to the complicated nature of asylum, an attorney is necessary to help navigate through the process and present a claim.
Fraud Waiver 237a(1)(H)
Committing fraud or a misrepresentation triggers a lifetime bar from being granted permanent resident status in the U.S. However, a green card holder may apply for a waiver in court under section 237a(1)(H) of Act to waive the alleged fraud/ misrepresentation committed when obtaining their green cards. To be eligible for the waiver the applicant must be the spouse, parent, son, or daughter of a citizen of a U.S citizen or Lawful Permanent Resident. The applicant must also be admissible to the U.S but-for the fraud committed. This relief is only available to Lawful Permanent residents in court and subject to other requirements under the law.