Representing immigrants in New York and New Jersey
Only U.S. citizens have an unrestricted right to live and work in this
country. U.S. Citizenship is granted by:
- Birth in the United Stated;
- Birth in a foreign country by 1 or both U.S. citizen parents;
- Naturalization of a Green Card holder.
Lawful permanent residents (Green Card holders) can live and work in the
United States indefinitely, but can be deported if they are convicted
of 1 or more serious crimes. Deportation is usually referred to as “removal”
and occurs when the Federal Government removes an immigrant from the United
States for violations of immigration or criminal laws. Once deported,
an immigrant may lose the right to return to the United States, even as
What is Removal Proceedings?
Removal proceedings take place in Immigration Court. More than 200 Immigration
Judges distributed in 53 Immigration Courts nationwide conduct proceedings
and decide individual cases.
Immigration and Nationality Act (INA) provides several forms of relief from deportation, which can be
requested during an individual hearing in immigration court, such as:
Adjustment of Status, providing supplemental information to the United States Citizenship and
Immigration Services (USCIS), if you are seeking to adjust your
status from a non-immigrant to a lawful permanent resident:
- under the provisions of section § 245 or 245 (i) of the Immigration
and Nationality Act (INA), often petitioned for by a spouse, another family
member, or an employer;
- under the provisions of section § 249 if you entered the United States
if you entered the U.S. before January 1, 1972 and meet other requirements.
Cancellation of Removal (212(c) or 212(h) Waiver) is available to qualifying lawful permanent
residents who have continuously resided in the United States for at least
7 years and qualifying non-permanent residents continuously present for
at least 10 years. You can also show that your being removed would cause
“exceptional and extremely unusual hardship” to your spouse,
parent, or child who is a U.S. citizen or permanent resident.
Suspension of deportation under the
Nicaraguan Adjustment and Central American Relief Act (NACARA), available only if you meet very specific requirements, including being
from one of a list of particular countries.
Cancellation of deportation according to the
Violence Against Women Act (VAWA), for battered non citizen spouse or child of an abusive U.S. citizen or
Protection under the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT), if it is likely that your home country's government will torture
you if you have to return there.
Asylum, for the victims of persecution in their country of origin, under section
section 208(a), when the alien qualifies as a “refugee”. The petitioner has
to demonstrate the inability to return to his/her home country.
Withholding of Removal or “non-refoulment”, under the United Nations Convention Relating
to the Status of Refugees, is a form of relief of removal to a country
where the alien would suffer persecution based on race, religion, nationality,
or political opinion. It provides fewer benefits than asylum, because
recipients are usually ineligible to apply for permanent residence or
travel outside of the United States.
Voluntary departure at your own personal expense and return to your home country, or another
country. It’s the most common form of relief from removal and may
be granted by Immigration Judges, as well as the DHS. People granted voluntary
departure must depart within the time specified by the Immigration Judge.
Usually people granted voluntary departure prior to the completion of
removal proceedings must depart within 120 days, and those after the conclusion
of removal proceedings must depart within 60 days.
Deferred action is an agreement by the U.S. government. The
Deferred Action for Childhood Arrivals (DACA) program, which provided that Department of Homeland Security (DHS) would not deport
immigrants who were brought as children into the United States. On the
other side the
Deferred Action for Parental Accountability (DAPA) program includes certain eligible parents of U.S. citizens and lawful permanent
Motions to Reopen or Reconsider by filing a timely motion with an Immigration Judge or the Board of Immigration
Appeals (BIA). If you choose a motion to reopen you must file it within
90 days of the final removal order and you have to introduce new and additional
evidence. If you choose a motion to reconsider you look for a reexamination
of the decision and you must file it within 30 days of the date of the
Motions to Terminate, if the charges on the government's NTA are not correct, you may get
deportation proceedings terminated by an Immigration Judge.
Motions for Administrative Closure based on I-601A. An application for Waiver of Grounds of Inadmissibility is a request
for legal entry to the United States or for Adjustment of Status to Lawful
Permanent Resident, made by an applicant that is not admissible to the
United States for one or more of these grounds. Form I-601 may be filed
and submitted to the Consular Officer, the USCIS the immigration court.
Some individuals who are married to U.S. citizens or have U.S. citizen
parents may be eligible to ask the Immigration Judge to close proceedings
while they file an I-601A waiver.
Cancellation of Removal for Legal Permanent Residents.
Temporary Visa holders can be deported or refused entry in the United States
for a number of reasons that include, but are not limited to:
- Violations of the conditions of their Visa
- Engaging in authorized employment
- Lying to an immigration officer
- Remaining in the United States after the expiration of the period of authorized
stay (visa overstay)
- Committing marriage or document fraud
- Being convicted of a criminal conviction
Notice of Hearing of Removal Proceedings
Removal (deportation) proceedings starts by the notification of Form I-862,
Notice to Appear (NTA) by the Department of Homeland Security on an immigrant. The NTA
is filed with the immigration court having jurisdiction to the immigrant’s
place of residence. If the immigrant no longer resides within the jurisdiction
of the original court, a
Motion for a change of venue can be filed.
The NTA will contain the reason of removability from the United States.
The NTA must be properly served on the immigrant. If a respondent was
not given proper notice of the court hearing, a deportation order entered
in absentia can be rescinded by filing a
Motion to Reopen .
criminal and immigration lawyer licensed in New York and New Jersey, I represented many immigrants placed
in removal proceedings and helped them fight their case. I provide skilled
and aggressive representation in deportation defense matters. There are
several forms of relief from deportation, such as Adjustment of Status,
Waivers of Inadmissibility, Asylum, Cancellation of Removal. If your are
represented by a deportation defense lawyer, you will have much higher
chances of winning your deportation case and remain in the United States.
I also have experience filing appeals to the
Board of Immigration Appeals and Federal District Courts.