Immigration Law
Published on Apr 16, 2023
Deportation or removal proceedings refer to the legal process through which the United States government seeks to remove non-citizens from the country. These proceedings can be initiated for various reasons, including violations of immigration laws, criminal convictions, or overstaying a visa. When facing deportation or removal, individuals have the right to present defenses to challenge their removal from the country.
There are several defenses that individuals facing deportation or removal can explore with the help of legal services specializing in immigration law. These defenses include:
One of the available defenses in deportation or removal proceedings is cancellation of removal. This defense is available to both lawful permanent residents and non-permanent residents who meet certain eligibility requirements. For lawful permanent residents, the eligibility requirements include having been a lawful permanent resident for at least five years, having continuously resided in the United States for seven years after being admitted, and not having been convicted of an aggravated felony. Non-permanent residents must demonstrate that they have been physically present in the United States for a continuous period of at least ten years, have been of good moral character during this time, and show that their removal would result in exceptional and extremely unusual hardship to their qualifying relatives.
For individuals facing deportation or removal due to criminal convictions, a criminal waiver may be available as a defense. A criminal waiver can potentially overcome certain grounds of inadmissibility or deportability based on criminal convictions. The availability of a criminal waiver and its impact on deportation proceedings can vary depending on the specific criminal convictions and the individual's immigration history. Seeking legal services from an experienced immigration lawyer is crucial in navigating the complexities of criminal waivers in deportation cases.
Asylum seekers facing deportation have the option to apply for asylum or withholding of removal as a defense. Asylum may be granted to individuals who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of removal, on the other hand, requires individuals to demonstrate a clear probability of persecution if returned to their home country. Seeking legal representation from an attorney experienced in asylum cases is essential for asylum seekers facing deportation.
Overstaying a visa can lead to deportation or removal proceedings. However, individuals who have overstayed their visas may have potential defenses available to them, such as pursuing adjustment of status through a family-based or employment-based petition, seeking relief under the Violence Against Women Act (VAWA), or exploring other forms of relief for which they may be eligible. It is important for individuals who have overstayed their visas to seek legal advice from an immigration attorney to explore their options and potential defenses.
Navigating deportation or removal proceedings can be complex and overwhelming. Seeking legal services from an experienced immigration lawyer is crucial for individuals facing deportation. An immigration attorney can provide guidance on available defenses, assist in preparing a strong case, represent clients in immigration court, and advocate for their rights throughout the legal process. Additionally, an attorney can help individuals understand the potential consequences of deportation and explore all possible avenues for relief.
Deportation or removal proceedings under immigration law can have serious implications for individuals and their families. However, it is important to remember that there are available defenses that can be pursued with the assistance of legal services specializing in immigration law. Whether it is cancellation of removal, criminal waivers, asylum, or other forms of relief, seeking legal representation from a knowledgeable immigration attorney is essential for individuals facing deportation or removal. By understanding the available defenses and seeking experienced legal assistance, individuals can work towards protecting their rights and pursuing a favorable outcome in immigration court proceedings.
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Immigrating to a new country and obtaining citizenship through naturalization is a significant life decision for many people. It involves understanding the steps and requirements under immigration law to become a citizen of a new country. This article will provide a comprehensive guide to the process of obtaining citizenship and naturalization, including the necessary documents, residency requirements, potential challenges, processing times, and the benefits of obtaining citizenship through naturalization.
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Violence Against Women Act (VAWA) is a crucial piece of legislation that provides protection and support for immigrant victims of domestic violence, sexual assault, and other forms of abuse. In the context of immigration law, VAWA offers a pathway for individuals who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident to seek legal status in the United States independently of their abuser.
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries who are unable to return to their home country safely due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS provides protection from deportation and allows individuals to obtain work authorization in the United States.
Asylum and refugee status are important forms of protection for individuals who have fled their home countries due to fear of persecution. In this article, we will discuss the criteria for asylum and refugee eligibility in immigration law, as well as the legal services available to assist with the immigration process.
When determining eligibility for waivers of inadmissibility, several factors are taken into consideration. These factors may include the nature of the inadmissibility, the individual's immigration history, family ties in the United States, and the potential hardship that may be faced if the waiver is not granted. Each case is unique, and our legal team thoroughly evaluates the specific circumstances to build a strong case for the waiver.
To be eligible for a waiver of inadmissibility, individuals must demonstrate that they meet certain criteria outlined in the immigration laws. These criteria may vary depending on the specific grounds of inadmissibility that apply to the individual's case. Common eligibility requirements include showing extreme hardship to qualifying relatives, demonstrating reformation and rehabilitation, and proving that granting the waiver would not be contrary to the national welfare, safety, or security of the United States.
The waivers of inadmissibility process can be lengthy and complex, requiring careful preparation and submission of documentation to support the waiver application. Our legal team assists clients in gathering the necessary evidence, completing the required forms, and presenting a compelling case for the waiver. While the processing time for waivers of inadmissibility can vary, having skilled legal representation can help expedite the process and increase the likelihood of a favorable outcome.