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A Lawyer's Role is Preventing Removal or Deportation

  1. DACA Relief for Early Childhood Arrivals High School students or graduates who entered the U.S. prior to their 16th birthday and prior to July of 2007 can apply for a 2 year work authorization and deferred removal for 2 years.

Immigration Lawyers now have sharper tools to defend respondents in Immigration Court as a result of President Obama's Executive Orders.

I 601 A Pardons for illegal entries and adjustment of status to permanent residence thru a U.S. citizen spouse, Parole in Place and adjustment of status for children, spouses or parents of U.S. citizens in the military or military veterans, cancellation of removal in court for undocumented parents, present in the U.S for 10 years or more with U.S citizen children of special needs.

Example

An illegal alien in her late forties was apprehended by ICE after she was arrested for domestic battery, a crime that often is a deportable offense. At her bond hearing in San Francisco we were able to obtain her release. Fortunately she has been in the U.S. long enough to be eligible for cancellation of removal. And she has a good chance of prevailing since her two U.S. citizen children are in their late teens and early 20's. Our strategy here is to gather proof of exceptional and extremely unusual hardship to her children and request cancelation of removal and be able to apply for permanent residence.

Eample:

A father of two U.S. citizen children was placed into court for a DUI conviction. His prior immigration attorney advised him to ask for voluntary departure to leave the U.S. for Mexico since neither of his children had special needs in order to prove exceptional and extraordinary unusual hardship to that child. Our lawyers assumed representation, convinced the immigration judge to allow respondent additional 6 months time for his 24 year old son to join the military. Once he does join, an I 131 parole in place application will be filed and the father will be able to apply for permanent residence in the U.S.

In matters where USCIS denies an application to adjust status in the U.S. the applicant is placed into immigration proceedings. Our attorneys analyze their chances of being granted lawful permanent residence thru the immigration court process, or seek to dismiss the immigration proceedings and adjust status under the programs described above.

These are just a few of the strategies we are employing to prevent our clients from being removed from the United States.

Obtaining Bond For Release Pending Court Hearing

As many facing removal from the U.S. are detained pending an initial court hearing, obtaining an early release at an amount family can afford is the initial task of immigration counsel. To persuade a judge to release one must prove the following:


  1. a) lawful admission or a pending application to obtain lawful admission
    or
    b) Proof of relief from removal by way of asylum, cancellation of removal or adjustment of status
  2. Demonstrating a release poses no danger to others
  3. Proof that relief from removable is probable to show one will attend future hearings

Removal Proceedings

A non-citizen can enter removal proceedings for a number of reasons, but in all cases the non-citizen must prevail in Immigration Court or s/he will be deported or ordered to leave the country. A variety of forms of relief is available in these proceedings, and an experienced immigration lawyer can help you understand which forms of relief are available to you and which are your strongest options. Here is a brief overview of some common forms of relief:

Adjustment of Status

Some non-resident aliens can adjust status to lawful permanent residence through an immediate relative who is a U.S. citizen.

Cancellation of Removal

Non-resident aliens and lawful permanent residents who are subject to removal (deportation) can attempt to cancel their deportation and secure a Green Card.

Asylum Claim

A foreign national who is in removal proceedings and who fears conflict, oppression, or some other threat can file for asylum within one year of arriving in the United States.

Voluntary Departure

When an alien lacks any form of relief from deportation, s/he can accept what is known as Voluntary Departure in order to improve future prospects for immigrating lawfully.

Immigration Court Appeals

Appeals to the Board of Immigration

Appeals (BIA) Many decisions by USCIS field office or by an Immigration Judge can be appealed to the Board of Immigration Appeals for further review.

Appeals to the Ninth Circuit Court of Appeals

Decisions by the Board of Immigration Appeals, District Courts, or other bodies of review can be appealed to the Circuit Court level if an immigrant's rights have been violated.