Many people think that all is lost when they, a family member, or a friend is placed in removal proceedings (removal used to be called deportation). The reality is that there are many possibilities for relief to consider when someone is placed in removal proceedings.
At Perez & Associates we are familiar with all of them and we win over 98% of our cases. Before giving up, let Perez & Associates evaluate your situation. We will tell you what options may be available to you and give you a realistic idea of your chances of winning. How you choose to handle a removal case will affect you and your family the rest of your life. Below are some areas of relief that may be available.
Persons who become eligible for permanent residence (a green card) while in removal proceedings may be granted permanent residence (a green card) by the Immigration Judge or may have the removal proceedings terminated so that permanent residence can be granted by the U.S. Citizenship and Immigration Services (CIS). A person in removal proceedings can become eligible for permanent residence if the marry a United States citizen or if a visa petition filed by a family member (parent, child, sibling) becomes current.
Persons in removal proceedings may be able to apply for political asylum. Even if a person has already applied for asylum with the U.S. Citizenship and Immigration Services, one is permitted to apply again in removal proceedings. What’s more, the Immigration Judge does not make a decision based on the previous application. An asylum application filed in removal proceedings is considered a new application. It is also one of the few forms of relief available to persons who entered illegally or with false documents.
Certain persons who are placed in removal proceedings because of criminal convictions may be eligible for a waiver. Waivers apply to certain types of convictions and to persons who have parents, spouses, or children who are citizens or permanent residents of the United States, or who have been in the United States for at least fifteen years since their conviction.
Cancellation of Removal for Nonresidents
Persons who have been in the United States for at least ten years before being placed in removal proceedings, and who have been persons of good moral character during the ten year period, may be allowed to remain in the United States and granted permanent residence (a green card) by an Immigration Judge if they can prove to the Immigration Judge that their removal would result in an unusual and exceptional hardship to a parent, spouse, or child who is a citizen or permanent resident of the United States.
Cancellation of Removal for Residents
Persons who have been permanent residents of the United States for five years who are placed in removal proceedings because of certain criminal convictions may also obtain relief from removal if they can show that they have been rehabilitated and that their removal would result in an extreme hardship to them or to a parent, spouse, or child who is a citizen or permanent resident of the United States.
Relief Outside of the Removal Process
Sometimes, there is no relief available within the removal process because the person has certain types of convictions or they were not permanent residents long enough before they were convicted. In these cases the solution often lies outside of the removal process and involves the elimination of the conviction giving rise to the removal process. Anyone in removal proceedings because of criminal convictions should read the page in this web site on the Removal of Criminal Convictions.
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