If you have been ordered, expelled, deported or excluded, you may file an appeal with the Board of Immigration Appeals (BIA) and end your deportation or removal. It seems that you may have waived your case, but talk to your lawyer about it. Even if the judge orders your deportation, you may have reason to file an appeal. Your deportation will be suspended (suspended) while you continue with that appeal.
You may feel that the immigration judge in your case made an incorrect decision based on a misinterpretation of immigration laws or new developments in the law. In this situation, you can file a motion for reconsideration with the immigration court. Immigration regulations set a 30-day deadline from the date of your deportation order to file a motion for reconsideration. This motion should detail why the immigration judge in your case applied the law incorrectly and made incorrect conclusions about the facts and evidence in your case.
And we don't handle any cases outside of California. Describe your immigration problem Attach copies of any appointment or reservation document, Attach another file if necessary, Attach another file if necessary, Attach another file if necessary, Attach another file if necessary. Contrary to popular belief, there are numerous ways to stop removal (deportation) in immigration court. Some of these “defenses against deportation” have very technical requirements.
We offer free consultations to analyze which one may apply to your particular case. And even when an alien is deportable, compulsory or discretionary relief from removal may be available. Let's Take a Look at the Relief an Immigrant Facing Deportation Could Get. A common reason foreigners end up in immigration court is the lack of order in their documentation.
For example, some people who are in the U.S. UU. On visas such as an F-1 student visa, you may have forgotten to extend them. In such a case, as long as the alien has legally entered the U.S.
Asylum and suspension of removal are available for certain foreigners who have faced, or are likely to face, persecution if they returned to their country of origin. It may be desirable, since people who are granted asylum can eventually get a green card. Withholding Deportation is Mandatory Relief. However, it is more difficult to obtain and confers fewer benefits.
Let's take a closer look at these two closely related forms of relief. However, you are not eligible for asylum if you were convicted of a “particularly serious crime” (as discussed in section 4.3 below). To obtain a stay of expulsion, the alien must demonstrate a “clear likelihood of future persecution” if he returns to his country of origin. As with asylum, you are not eligible for deportation withholding if you have been convicted of a “particularly serious crime”.
Immigrants facing deportation cannot obtain asylum or stay of deportation if they have committed a “particularly serious” crime. Unfortunately, this term is not clearly defined in the U.S. But a conviction for one or more aggravated felonies in California always counts as a felony. Conviction for a single crime in this category will make an alien ineligible for asylum.
The alien will also not be eligible for deportation withholding if he was sentenced to a total of 5 years or more for one or more crimes considered a felony. Other crimes may also be considered particularly serious, depending on “the nature of the conviction, the type of sentence imposed, and the circumstances and facts underlying the conviction”. This is especially true when a crime involves the use or threat of force or violence, 3 Drug-related offenses (other than the mere possession of small quantities of drugs for personal use) are also often considered serious crimes for the purpose of determining whether asylum is granted or withheld expulsion. Foreigners who would be subjected to torture if returned to their homes may be entitled to compulsory reparation under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT).
CAT protection offers fewer benefits than asylum. In particular, it does not prevent the U.S. The government doesn't take you to a safe third country if one is willing to take you. The good news is that you should be granted the broadest relief you are eligible for.
Therefore, it is often best to apply for asylum, deportation withholding, and CAT protection at the same time. Cancellation of deportation is another discretionary form of relief from deportation, 4 It is available to people who have lived in the U.S. Legally for many years and have strong ties to the community. These specific ratings for each of these categories are discussed below.
But in each of these cases, the immigrant needs to prove that they deserve to stay in the U.S. If granted the cancellation, the immigrant will be allowed to stay in the U.S. Non-permanent residents may qualify for cancellation of deportation if deportation would result in hardship for a close family member who is from the U.S. Keep in mind that mere economic hardship does not count as “exceptional and extremely unusual” difficulties.
The difficulties that the family member would experience must be substantially worse than would normally be expected from moving to an underdeveloped country, for example, the lack of availability of adequate medical care to treat a serious illness. If they are granted cancellation of deportation, their status will be adjusted to non-citizens and they will receive a green card. However, immigration judges can approve only 4,000 requests for cancellation of non-permanent residents nationwide per year. 5 If the limit has been reached before submitting your application, you will need to wait until a slot becomes available again.
A special form of cancellation of deportation is available under the Violence Against Women Act (VAWA). Lawful permanent residents (green card holders) who are being deported for certain types of criminal convictions can obtain a discretionary waiver and re-adjust their status to legal. The basis for this type of exemption is set forth in Section 212 (h) of the Immigration and Nationality Act (“INA”). Consequently, it is known as the “212 (h).
Aggravated felonies and crimes involving murder or torture (including an attempt or conspiracy to commit them) cannot be waived. Let's take a closer look at each of these situations 212 (h). Extreme hardship exemptions are the most common type of 212 (h) exemption. They can be granted to an alien when deportation would result in extreme hardship for a spouse, father, son or daughter who is a U.
Citizen or lawful permanent resident (green card holder). A 212 (h) exemption may be granted to an alien who has been abused by a U, S. Citizen or holder of the residence card who is or was the foreigner's spouse, child or parent. This form of exemption may also be available to people whose child was abused by their spouse.
To qualify, the alien must have a good moral character and must have resided with the abuser. If you are a victim of abuse and are facing the immigration consequences of a criminal conviction, talk to your California immigration lawyer to make sure you seek all available relief. The Nicaraguan Adjustment and Central American Aid Act, or “NACARA”, was a law that allowed asylees from El Salvador, Guatemala, Cuba and the countries of the former Soviet bloc to suspend deportation proceedings against them. The precise deadline for NACARA aid varies by country.
Deadlines for NACARA relief can be found on the U.S. Citizenship and Immigration Services website. Immigrants are generally not eligible for NACARA 203 relief if they were convicted of an aggravated felony. If granted, the NACARA Suspension of Deportation grants you lawful permanent resident status (a green card) in the United States.
Your spouse and children (if they are in the U.S. Lawful permanent residents who pleaded guilty or were convicted of a crime prior to April 1, 19 will be eligible for discretionary relief under section 212 (c) of the Immigration and Nationality Act above. Assuming you meet these requirements, the judge will evaluate the positive and negative factors in your request (as set forth above in the Cancellation of Removal section). The judge will carefully analyze the balance between positive and negative factors in your application.
If you are granted 212 (c) relief, you will once again become an LPR and your green card and passport will be returned to you. People who are in the U.S. You may be able to illegally fight deportation with a “601a” provisional waiver of unlawful presence. If the judge grants the 601a waiver, the immigrant will receive a provisional waiver of inadmissibility to the U.S.
The immigrant will still have to leave the U.S. UU. ,. And have an immigrant visa interview in a U.
But it means that the immigrant will spend less time away from their family before obtaining an IR1 or CR1 spouse visa. Voluntary departure prevents an alien from having a deportation record. An alien who is deported will have a harder time returning to the U.S. UU., S.
Legally and will face much tougher penalties for illegal re-entry: 20 years in the U.S. Therefore, in the worst case scenario, an alien who is likely to be deported can request voluntary departure to avoid these consequences. Deferred Action Does Not Provide Immigrants with a Green Card or Pathway to Citizenship. But it does allow an immigration prosecutor to postpone the removal action so that the immigrant can remain in the U.S.
As with criminal charges, government prosecutors have broad “prosecutorial discretion” to “dismiss certain deportation cases, albeit with conditions. Benefits granted in cases of prosecutorial discretion are often limited. The government can grant specific rights, such as the right to work, but not others. There are no strict rules about when prosecutors can exercise their discretion, but it's more likely that your deportation process won't result from a criminal conviction.
People who were already in the U.S. When they become a victim of a serious crime, they can apply for a “U” visa. U visa applicants must show that they suffered “substantial physical or mental abuse” as a result of the crime. Any member of Congress can introduce private immigration bills to prevent the deportation of a foreigner or group of foreigners.
They are generally the last resort for immigrants who have exhausted all other remedies. Private immigration bills are generally passed only when, otherwise, there would be “extreme hardship” for immigrants. Immigrants with criminal records are not eligible. If Congress approves the bill and the president signs them, the named individuals can remain in the U.S.
And you will receive a “green card”. In the past, an alien normally received a stay of deportation (temporary suspension of deportation proceedings) while a private bill was pending. But under the Trump administration, this has become increasingly unlikely. However, a private bill can be a worthwhile last effort if everything else fails in cases of visa overstay or similar violations by people with strong ties to the community.
If you or someone you know has been arrested by the U., S. Customs and Immigration Enforcement (“ICE”) or are in removal proceedings, we invite you to contact our California immigration lawyers for a free consultation. Our California criminal defense lawyers can also defend you against California criminal charges that can lead to deportation. If you were detained in Nevada, contact our Nevada immigration lawyers.
With President-elect Donald Trump promising mass deportation of immigrants with criminal records, many non-U.S. Citizens who have suffered criminal convictions are (rightly) worried about their future. But Proposition 64, which legalized recreational marijuana in California, can offer help to those whose convictions were for marijuana-related offenses. Approved by California voters on November 8,.
The U.S. immigration system is complex, confusing, and often downright frightening. Our immigration lawyers are here to guide you through this, so you can stay in the U.S. Fill out the form below and we will contact you shortly.
Aliens facing deportation proceedings can fight deportation by requesting cancellation of deportation. This request may waive certain immigration violations, depending on the circumstances. Motions to reopen orders in absentia will suspend or stop your deportation while the motion is being considered by the court. Anyone granted a stay of deportation is protected from being deported to the country where they fear persecution.
The Immigration and Nationality Act (INA) allows immigration judges to waive the removal or deportation of immigrants provided that particular conditions are met. However, if you are an immigrant facing deportation, those civil liberties could not apply to you or could apply only under particular settings. You will have 30 days from the date of the immigration judge's deportation order to file an appeal with the BIA. In certain situations, you may be able to ask the immigration judge in your proceedings to reopen your case and review a deportation order.
Davis & Associates are dedicated deportation legal representatives with several years of experience and understanding of deportation proceedings and appeals. After you have received a deportation order, you may discover important facts or evidence that you did not have access to in your original proceeding, or you may learn that conditions in your home country have changed in such a way that you have a genuine fear of returning. That means you could ask the court to relieve you of the removal process and allow you to keep your green card. If you were free on bail when the judge ordered your deportation, you probably won't be taken to immigration jail.
You must request that the court or immigration officials suspend your deportation while the immigration court considers your motion. . .