Deportation Defense
Grounds for Deportation or Removal
Violation of Status:
Someone who has entered United States illegally (Entry Without Permission) and has remained in the United States without permission is subject to deportation. I person who violates his or her immigrant or non-immigrant status may also be subject to deportation. Such violations include (and are not limited to)
- Unauthorized Employment
- Entry without Inspection (EWI)
- Overstaying with a non-immigrant visa
- Term violation of a student visa
- Alien Smuggling
- Not applying for removal of conditional residency
Criminal:
The conviction of certain crimes, even conviction of a misdemeanor without prison time, may result in a deportation proceeding. A person should immediately consult an immigration practitioner if he/she (both legal and non-legal permanent resident) has been confronted with a criminal proceeding.
According to Immigration and National Act, a conviction occurs anytime there is a plea or finding of guilt as well as punishment (including probation) as a result of the guilty plea.
Other:
Someone is subject to deportation if he/she engages in:
- Falsely claiming to be a US Citizen
-Unlawful voting
- Activities violating US Law
- Fails to register and/or fails to notify immigration of a change of address
- Was not admissible to the United States at the time of entry
- Document Fraud
Defense: What Can We Do?
Cancelation of Removal for Legal Permanent Residents:
In order to qualify, you must:
-Have been a Legal Permanent Resident for 5 years.
-Have lived in the US continuously for 7 years
-Have not been convicted of an aggravated felony.
Please note that certain individuals are ineligible for Cancelation of Removal.
Once Cancelation of Removal has been granted, the individual is allowed to return to the Legal Permanent Resident status perviously held.
Cancelation of Removal for Nonpermanent Legal Residents
In order to qualify, you must:
- Have been physically present in the United States for 10 years from date of application.
- Have not been convicted of certain crimes
- Have good moral character
-Show that removal will cause extreme hardship to a U.S. Citizen or Legal Permanent Resident spouse, parent or child.
Please note: Certain categories of individuals are ineligible for Cancelation of Removal for Nonpermanent Legal Residents
Adjustment of Status or Readjustment of status with a waiver
If you are admissible, have an immigrant visa that is immediately available, and entered the US Lawfully or are covered under the provision of 245(i), you may apply for deportation relief.
Withholding of Deportation and Asylum
In order to the eligible, you must prove that you will be persecuted and severely harmed if returned to country of origin. You must demonstrate harm on the basis or religion, race, nationality political opinion, or membership in a social or political group.
Waivers:
A few of the most common waivers are listed bellow. There are many more waivers available that an experienced immigration practitioner will be able to help you with.
-Cancelation of Removal for a Legal Permanent Resident Waiver (see info above)
-Cancelation of Removal for a non-Legal Permanent Resident Waiver (see info above)
-Section 212(h), 212(c) for pre IIRIRA crimes Waivers
-237(a)(1)(H) for fraud or misrepresentation Waivers
Violation of Status:
Someone who has entered United States illegally (Entry Without Permission) and has remained in the United States without permission is subject to deportation. I person who violates his or her immigrant or non-immigrant status may also be subject to deportation. Such violations include (and are not limited to)
- Unauthorized Employment
- Entry without Inspection (EWI)
- Overstaying with a non-immigrant visa
- Term violation of a student visa
- Alien Smuggling
- Not applying for removal of conditional residency
Criminal:
The conviction of certain crimes, even conviction of a misdemeanor without prison time, may result in a deportation proceeding. A person should immediately consult an immigration practitioner if he/she (both legal and non-legal permanent resident) has been confronted with a criminal proceeding.
According to Immigration and National Act, a conviction occurs anytime there is a plea or finding of guilt as well as punishment (including probation) as a result of the guilty plea.
Other:
Someone is subject to deportation if he/she engages in:
- Falsely claiming to be a US Citizen
-Unlawful voting
- Activities violating US Law
- Fails to register and/or fails to notify immigration of a change of address
- Was not admissible to the United States at the time of entry
- Document Fraud
Defense: What Can We Do?
Cancelation of Removal for Legal Permanent Residents:
In order to qualify, you must:
-Have been a Legal Permanent Resident for 5 years.
-Have lived in the US continuously for 7 years
-Have not been convicted of an aggravated felony.
Please note that certain individuals are ineligible for Cancelation of Removal.
Once Cancelation of Removal has been granted, the individual is allowed to return to the Legal Permanent Resident status perviously held.
Cancelation of Removal for Nonpermanent Legal Residents
In order to qualify, you must:
- Have been physically present in the United States for 10 years from date of application.
- Have not been convicted of certain crimes
- Have good moral character
-Show that removal will cause extreme hardship to a U.S. Citizen or Legal Permanent Resident spouse, parent or child.
Please note: Certain categories of individuals are ineligible for Cancelation of Removal for Nonpermanent Legal Residents
Adjustment of Status or Readjustment of status with a waiver
If you are admissible, have an immigrant visa that is immediately available, and entered the US Lawfully or are covered under the provision of 245(i), you may apply for deportation relief.
Withholding of Deportation and Asylum
In order to the eligible, you must prove that you will be persecuted and severely harmed if returned to country of origin. You must demonstrate harm on the basis or religion, race, nationality political opinion, or membership in a social or political group.
Waivers:
A few of the most common waivers are listed bellow. There are many more waivers available that an experienced immigration practitioner will be able to help you with.
-Cancelation of Removal for a Legal Permanent Resident Waiver (see info above)
-Cancelation of Removal for a non-Legal Permanent Resident Waiver (see info above)
-Section 212(h), 212(c) for pre IIRIRA crimes Waivers
-237(a)(1)(H) for fraud or misrepresentation Waivers
