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Tag: Asylum

  • How to Apply for Cancellation of Removal 

    Cancellation of removal is an immigration function that allows permanent and non-permanent residents to petition an immigration judge to modify their status from “deportable alien” to “lawfully accepted for permanent residence.”

    8 U.S. Code 1229b states that the qualifying standards for legal permanent and non-permanent residents are distinct. 

    To qualify for cancellation of removal, permanent residents must demonstrate that they:

    1. Have lawfully resided in the nation for five years or more.
    2. Have settled in the United States for at least seven years.
    3. Have not been convicted of a severe offense

    Non-permanent residents must provide evidence that they:

    1. Have lived in the United States for at least ten consecutive years
    2. Possess a strong moral character during the last decade.
    3. Have not been convicted of specific crimes.
    4. This elimination would make life extremely difficult for U.S. citizens and lawful permanent residents who have family members living in the United States.

    Requirements for Cancellation of Removal for Permanent Residents

    1. Fulfillment of Time Requirements 

    In addition to meeting the grounds for cancellation of removal, you must also fulfill specific time requirements for the authorities to accept your application. If you are guilty of an offense and are facing deportation, you may be able to avoid deportation by asking for the cancellation of removal. However, when you entered the country, committed the offense, and requested a stay of removal are all crucial.

    You must be a lawful permanent resident for five years or more at the time of application. Different standards determine when a person has lived in the United States for seven years. Once you get a “Notice to Appear” or commit the deportable offense, the deadline date becomes effective immediately.

    2. Demonstrate That There Are Compelling Grounds to Grant the Cancellation Request

    Even if you fulfill the primary grounds for cancellation of removal, an immigration court will decide whether they will grant your application. To determine whether to permit you to remain in the United States, the court will consider the following factors:

    1. How long you have resided in the United States.
    2. If your business has ties to the United States.
    3. Your tax documents and employment history.
    4. Your prior convictions and the severity of your offenses.
    5. How closely is your family related to Americans?
    6. How virtuous you are.

    The court will decide whether or not you can remain in the United States after reviewing your application and the factors mentioned above.

    Requirements for Cancellation of Removal for Non-permanent Residents

    To be eligible for cancellation of removal, non-permanent residents must also satisfy specific standards, just like lawful permanent residents. However, as opposed to lawful permanent residents, the qualifications for temporary residents are typically more stringent. Here are the guidelines for non-permanent residents who wish to avoid deportation:

    1. You must demonstrate good moral character.
    2. The court did not convict you of any offenses that might result in expulsion.
    3. You must demonstrate that a U.S. citizen or lawful permanent resident spouse, parent, or child would have difficulty if the US deports you.
    4. You must have resided in the United States for at least ten years.

    1. Meeting Time Requirements

    The continuous physical presence criterion for non-permanent residents is comparable to the rule for permanent residents. The cutoff date is when you get a Notice of Action or commit an offense that resulted in your removal. Remember that if you leave the U.S. for 90 days or longer or take several trips totaling 180 days, your continuous physical presence in the nation will terminate.

    2. Having the Appropriate Character

    If you have been guilty of murder, human trafficking, or other major offenses, a court may dismiss your claim of moral rectitude. Even minor offenses will count, although they may not immediately disqualify you. In addition to familial ties, community activity, employment background, etc., a court will consider other factors when assessing moral character.

    3. You Must Satisfy the Hardship Prerequisite

    To qualify for cancellation of removal, a non-permanent resident must have a spouse, child, or parent who is a lawful permanent resident or U.S. citizen. Additionally, the applicant must demonstrate that the eligible family member would struggle if the US deports the applicant. 

    For instance, the person may satisfy the hardship condition if an eligible family member has a significant sickness or a particular handicap diagnosis. You must provide evidence that this is a difficult scenario along with your application. And in the end, the decision rests with the immigration court. Whether you have a child in the United States, you should investigate DACA to determine if they qualify. If so, they will not be deported.

    Related: Work Permit with Cancellation of Removal

    Guide on How to Apply for Cancellation of Removal 

    You can apply for removal cancellation in one of two ways. The U.S. Department of Justice includes paperwork for permanent and non-permanent residents. Before filling out and submitting the form, the candidate should read it attentively.

    Submission of an application as a permanent resident requires that you must submit these documents to the correct Immigration Court:

    1. A copy of your Form EOIR-42A
    2. Application for Cancellation of Removal, followed by all supplementary materials.
    3. The original G-325A Biographical Information Form version.
    4. All support documentation and additional papers accompany the original Form EOIR-42A.
    5. A copy of the notification of fee receipt and biometrics appointment instructions from the USCIS ASC
    6. Form G-325A, Biographical Information, copy.
    7. A copy of the USCIS ASC’s notification of fee receipt and instructions for the biometrics appointment.
    8. A signed certificate showing that you handed these documents to the ICE Assistant Chief Counsel unless the documents were given to the ICE Assistant Chief Counsel at the hearing and entered into the official record.

    Here’s How to Submit Your Application as a Non-permanent Resident:

    The application criteria are identical, except that the applicant must provide a photograph that fits all specifications and a copy of Form EOIR-42B, an application for Cancellation of Removal, and all supporting documentation.

    Cancellation of Removal Form and Fees

    Form EOIR-42A must be completed and submitted if you are a lawful permanent resident requesting cancellation of removal. The form requests information about you, your family, and your stay length in the United States. On the form, you must list your previous addresses and employment. It is essential to achieve maximum precision. 

    Additionally, there are several yes/no questions in Part 7. Some questions are designed to determine if the judge can cancel your deportation. Other matters will be decided by the judge based on their discretion. If you believe the answer to these questions should be “yes,” discuss your case with an expert immigration attorney before applying.

    Beginning in 2023, the filing price for form EOIR 42A is $100 plus an extra $85 biometrics filing charge. Check the forms page of the U.S. Department of Justice website for the most recent information on these costs before submitting your application. Before the merits hearing in Immigration Court, all applicants older than 14 must have their fingerprints taken during their biometrics session.

    How to Get the Court to Grant Your Cancellation of Removal 

    Here are the things you should do to help you get the judge to decide in your favor when applying for cancellation of removal:

    1. Gather Evidence to Support Your Plea to Cancel the Eviction

    As the applicant, you are responsible for showing that you are eligible and deserving of having your deportation halted. In certain instances, the same papers can simultaneously demonstrate more than one.

    In addition, after the government examines your biometric information, it will know if you have previously been convicted of a major crime or deported. If you have a criminal record, you should get certified copies of all arrests to demonstrate that you have not been convicted of a significant offense. You should seek the assistance of an attorney with this analysis.

    2. Demonstrate your residence in the U.S.

    You must provide evidence that you have been a legal permanent resident for at least five years and have resided in the United States for seven years.

    Proof can include copies of your green card, Form I-94 Arrival/Departure document, birth certificates of children born in the U.S., marriage certificates, federal income tax transcripts, leases/deeds, receipts, education records, medical records, job records, notarized statements from persons who know you well, and more.

    Digital data, such as records of a user’s whereabouts on social networking sites like Facebook or records of journeys with ride-sharing services like Lyft and Uber, are also beneficial.

    3. Making the Judge Decide in Your Favor by Demonstrating That You Are Entitled to It

    You will also need to provide substantial evidence demonstrating why you need permission to remain in the nation as a lawful permanent resident and not face deportation. Once you show that you fulfill the fundamental standards for cancellation of removal, the main emphasis of the hearing will be whether you will have permission or you’ll maintain your green card.

    In this regard, the Immigration Judge has considerable discretion and will assess the negative aspects of your case against the positive statements you make about yourself.

    From humanitarian factors are concerned, you will need to provide: 

    • Evidence of your family ties in the United State 
    • How difficult would it be for you and your family to face deportation
    • Your ties to the community
    • Your work history
    • Business ties
    • How long you’ve lived in the United States and,
    • How you’ve changed (for any crimes committed).

    During Your Merits Hearing, Consider Having Family and Friends Speak

    The judges may grant cancellation of removal once, so immigration judges are usually lenient with applicants. To escape an Order of Removal, you must present a strong argument by having family members and friends speak in your favor during your merits hearing. 

    The immigration judge will then decide whether or not to annul your deportation.

    Do You Need to Talk to Lawyer?

    Cancellation of removal is a delicate process that must be handled carefully and rightly. You need to gather the right documents and evidence to support your application. It would help if you considered hiring a reliable immigration attorney for your cancellation of removal application; This would help you avoid errors that may lead to an order of removal.

  • The Complete Guide to Deportation

    If you’re like many immigrants in the United States, you know that there are several reasons an immigration judge could issue a deportation order that says you must leave the country. If that happens, you have no choice but to leave – and though you may be able to come back in the future, a removal order effectively bars you from returning for a specific period of time.

    Deportation (formally called removal) is serious, and for most people, the best way to deal with a removal order is to work with a skilled Port Chester immigration attorney.

    This guide explains deportation, deportation defense, and what happens if a judge orders you to leave the United States. If you don’t find the answer to your question here, or if you need help because you’ve received a notice that you’re in removal proceedings, call our office immediately at 914-481-8822 to schedule a 30-minute consultation with Attorney Gergana Genova.

    Your Guide to Deportation and Removal Proceedings

    Removal from the United States is the legal process of deporting a foreign national from the U.S. back to their home country. There are several reasons the U.S. government may seek to deport a non-citizen, but it usually happens when an immigrant breaks a criminal law or somehow violates immigration law (such as committing immigration fraud or entering the country unlawfully).

    It is possible to fight deportation, though. In fact, you and your attorney may be able to file an appeal with the Board of Immigration Appeals, which has jurisdiction over immigration judges’ decisions. However, not everyone has the right to appeal – so if you receive a removal order, you should consult with an attorney as soon as possible.

    What Does the Removal Process Look Like - Guide to Deportation and Removal Proceedings in NY

    What Does the Removal Process Look Like?

    Some people are subject to an expedited removal. An expedited removal is a deportation that takes place without an immigrant ever seeing an immigration judge. This typically happens when Customs and Border Patrol (CBP) agents catch someone at the U.S. border, or when someone presents forged documents to a U.S. Citizenship and Immigration Services (USCIS) officer at a port of entry. In these cases, officers often turn the person around and send them back to their point of origin.

    Other people go before a judge as part of a longer removal process. Sometimes, the government holds these foreign nationals in detention centers prior to trial or deportation. Then:

    • An immigration court that’s part of the U.S. Department of Justice (DOJ) hears the case.
    • A judge decides whether the deportation should proceed.
    • If the judge rules that the deportation should proceed, U.S. Immigration and Customs Enforcement (ICE) carries out the removal order. ICD does this by coordinating the immigrant’s departure.

    Who Pays for Removal?

    Most removals take place at the U.S. government’s expense – that is, the government pays for your plane ticket or ground transportation. After you leave the United States, you cannot return until the amount of time noted in your removal order has passed. For example, if the U.S. government says you’re not allowed to return to the U.S. for five years, you can’t apply for a visa to come back until five years have passed – even if you have family in the United States, and even if your departure causes them (or you) a significant hardship.

    What Are Grounds for Deportation?

    The Immigration and Nationality Act (INA) provides several grounds on which an immigrant can be deported from the United States. The most common grounds for deportation are:

    • Entering the country without proper documentation or inspection
    • Being judged as a threat to public safety
    • Overstaying a visa or violating the terms of a visa
    • Committing a crime while in the United States
    • Falsifying information on an immigration application or document
    • Voting in a federal, state, or local election that requires citizenship without being a U.S. citizen

    What Can Stop You From Being Deported or Removed From the United States

    What Can Stop You From Being Deported?

    There are a few ways your attorney may attempt to stop a judge from deporting you, including:

    • Applying for adjustment of status
    • Asking for cancellation of removal
    • Applying for asylum
    • Getting a U visa

    Here’s a closer look at each.

    Applying for Adjustment of Status to Stop Deportation

    In some cases, it’s possible to apply for an adjustment of status to stop removal proceedings. An adjustment of status allows you to become a lawful permanent resident of the United States. In other words, you’d get a green card. This is only possible if you meet the following requirements:

    • You’re admissible to the United States
    • You have a qualifying relative to sponsor you, and that relative has a green card or is a U.S. citizen
    • You haven’t violated any immigration laws
    • Your qualifying relative has filed a visa petition for you and USCIS has approved it
    • You’re immediately eligible for a visa based on your family relationship with your sponsor

    In most cases, you must have entered the U.S. legally to adjust your status during removal proceedings. However, the government sometimes allows a limited number of unlawful entrants (people who entered the U.S. unlawfully) to adjust their status. Your attorney can explain the specifics to you if they apply in your case.

    Related: What happens if you abandon your green card?

    Asking for Cancellation of Removal to Stop Deportation

    Some lawful permanent residents (green card-holders) may ask for cancellation of removal to stop deportation proceedings. But in order to qualify:

    • You must have been a lawful permanent resident for at least five years, and
    • You must have continually lived in the country for at least seven years after admission to the United States.

    You’re not eligible if a court ever convicted you of an aggravated felony, or if you received a cancellation of removal in the past. However, some people are eligible for what’s known as a 212(c) waiver. Your attorney can explain this waiver to you if you’re eligible. (These waivers are for people that U.S. courts convicted of a crime prior to April 24, 1996.)

    You don’t have to have a green card to ask for cancellation of removal, though. An immigration judge may cancel removal for non-green card-holders if the immigrant:

    • Proves that they’ve resided in the United States for at least 10 years
    • Has ethical characteristics
    • Hasn’t committed any deportable criminal offenses
    • Shows that their removal would cause a significant hardship on their families

    Related: What happens to your work permit after cancellation of removal?

    Applying for Asylum to Stop Deportation

    It’s possible to stop deportation through asylum. If you’ve suffered persecution in your home country, or if you’re at legitimate risk of facing persecution if you return, you may be eligible for asylum. The persecution must be based on:

    • Race
    • Religion
    • Nationality
    • Political opinion
    • Membership in a particular group

    If the judge agrees and grants you asylum in the United States, your deportation proceedings stop. If you have a spouse or children, you may include them on your asylum petition, as well. You may later apply for a green card, and if you wish, apply for naturalization.

    Getting a U Visa to Stop Deportation

    Victims of certain crimes may be eligible for U visas, which can stop deportation proceedings. A U nonimmigrant visa is available to people who:

    • Are victims of qualifying criminal activity, such as abduction, domestic violence, involuntary servitude, sexual assault, stalking, and other related crimes
    • Have suffered substantial physical or mental abuse
    • Have information about the criminal activity that took place
    • Were, are or are likely to be helpful to law enforcement so they can investigate or prosecute the crime
    • Are admissible to the United States or who are eligible for a waiver of inadmissibility

    Related: U visa processing times

    A Word on Voluntary Departure

    If all else fails, your attorney may talk to you about voluntary departure. Voluntary departure is just what it sounds like; you volunteer to leave the United States of your own accord. Though you’re still leaving the country, voluntary departure does offer one big benefit: You won’t have a deportation on your record. That means it’ll be easier to return to the United States in the future.

    Voluntary departure isn’t for everyone, though. If you’ve had a criminal conviction or you can’t pay your own way back to your home country, you may not be eligible. Also, if you’ve had a voluntary departure before, you may not qualify.

    Can Marriage Stop Deportation?

    Marriage itself won’t stop deportation proceedings. However, if you intended to marry someone before you received a notice about removal proceedings, doing so may make it easier to establish legal status here. It’s important to note that it’s illegal to marry someone just to gain an immigration benefit, so please don’t get married to try to avoid deportation. You should only marry someone you intended to marry before you received a notice about your removal proceedings. Even then, your marriage may not make it easier to establish legal status. Every situation is different, so you should consult with an attorney if you’re facing removal from the United States.

    Related: USCIS deadlines extended

    What Happens After a Deportation Order in Removal Proceedings

    What Happens After a Deportation Order?

    What happens after a judge orders you removed from the United States depends on whether you were in custody or free at the time the judge issues their order. If you’re in custody (immigration jail), you’ll most likely go back into custody until ICE sends you back to your home country. If you’re free, the judge most likely won’t send you to immigration jail. Instead, you may be able to go back to your home in the U.S. while the government works out the details of your return.

    You’ll receive a “Bag and Baggage” letter from the U.S. government that details when and where you must report to leave the country, as well as how much baggage you’re allowed to bring. Unless you and your attorney work out a way to stop deportation, you’ll return to your country of origin on the date detailed in your letter.

    Can You Return to the U.S. if You’re Deported?

    You may be able to return to the United States if you’re deported, but you can’t just turn around and come right back. The U.S. government will require you to remain outside the country for a specific period of time (usually five, ten or 20 years). In some cases, deported immigrants aren’t allowed to return to the United States at all. The length of time you’re required to wait before returning depends on the reason behind your removal.

    If you choose to return to the U.S. after deportation, you may want to work with an immigration attorney who can help you. The process of coming back to the United States after removal can be complicated, so many people choose to work with an attorney who focuses primarily on immigration law. An attorney can help you fill out and file the right forms and petitions.

    Do You Need to Talk to an Immigration Attorney About Deportation?

    If you’ve received a Notice to Appear for removal proceedings, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation. You’ll talk with an experienced, knowledgeable immigration attorney who can answer your questions and get you on the right path.