Providing Deportation & Removal Legal Assistance
Deportation is a harsh punishment that can ultimately disrupt families. Deportation proceedings are usually instituted after an alleged criminal or immigration violation. The process is commenced with the issuance of a Notice to Appear before Immigration Judge. Individuals who are deported are usually barred for a period of 10 years before becoming eligible to re-enter the U.S.
At Rodriguez & Moretzsohn, our attorneys provide aggressive legal representation to help clients facing deportation and who wish to obtain a legal way to remain in the U.S.
Adjustment of Status: Intending immigrants wishing to apply for lawful permanent residence must go through an extensive process. When a visa number is available, the intending immigrant must apply for Adjustment of Status. To obtain an Adjustment of Status you must be a beneficiary of either an approved visa petition, or a visa petition that has been filed on your behalf and is currently pending.
Cancellation of Removal for Legal Permanent Residents: This form of deportation relief is available to legal permanent residents that meet the following criteria:
- LPR for not less than five (5) years;
- Continuous presence for not less than seven (7) years; and
- No conviction for aggravated felony.
In addition to demonstrating eligibility, the applicant must establish that he/she warrants such relief as a matter of discretion. Because establishing eligibility does not guarantee you will be granted relief from deportation, it is important to have an experienced immigration attorney who can help you present the best case possible. At Rodriguez & Moretzsohn, our diligent attorneys evaluate your case by considering your length in the U.S., any hardship you or your family would face as a result of your deportation, and various other factors like employment and criminal history, and whether you have complied with federal tax filing requirements.
Cancellation of Removal for Non-Legal Permanent Residents: Similarly, non-permanent residents may request cancellation of removal by showing the following:
- Continuous/Physical Presence for not less than 10 years;
- Good moral character for 10 years; and
- By establishing that your deportation would result in exceptional and extremely unusual hardship to a qualifying relative.
In addition to these threshold requirements, the applicant must demonstrate that he or she is entitled to relief as a matter of discretion.
Asylum/Withholding of Removal: This is a type of relief similar to Asylum. However, Withholding of Removal cases are more difficult to prove. To establish eligibility requires a showing that you would be threatened in your country on account of one of the protected grounds for asylum. A grant of withholding requires convincing the Immigration judge that there is a clear probability of persecution (more than 50%) if you are returned to your home country.
Convention Against Torture: This prevents the deportation of individuals to countries where you are likely to be tortured or forced to suffer other forms of punishment that are not practiced in the U.S.
Waiver pursuant to INA § 237(a)(1)(H): In certain situations, individuals face deportation because the government alleges that their green card was obtained through misrepresentation or fraud. The fraud waiver, 237(a)(1)(H), is available to individuals who are the spouse, parent, or son/daughter of a US citizen or LPR, who entered the US through fraud or misrepresentation and are otherwise admissible.
- VAWA Cancellation
- Deferred Action for Childhood Arrivals (DACA)
- Voluntary Departure
- Administrative Closure
If you or a loved one has been detained or is currenlty detained in immigration proceedings, please call us immediately. In this tough immigration climate, time is of the essence. Please reach out to us using the emergency line if calling outside of business hours.