Deportation defense is arguably the most complex and sophisticated area of immigration law. The Immigration & Nationality Act (INA) and Code of Federal Regulations (CFR) play a decisive role in determining whether someone has any relief or right to stay in the United States once placed in deportation proceedings. The U.S. immigration court system, however, provides for different avenues and grounds for relief, but without an experienced attorney your rights can be lost. As a result, it is extremely important to understand one’s legal rights once deportation against an alien has been initiated by speaking with an experienced immigration attorney who will help you navigate the tricky waters of being placed before a federal immigration judge.
The attorneys at Azhar & Azhar, PLLC regularly appear in immigration court and have experience advancing all forms of immigration relief for clients. The most common forms of relief in immigration court are cancellation of removal, asylum, adjustment of status, and various waivers.
Cancellation of Removal is a legal act of allowing an alien who is in removal proceedings to obtain lawful permanent resident (LPR) status. Under INA §240A(b), in order to advance cancellation of removal if one was not an LPR, the applicant will need to demonstrate that they have continuously resided in the United States for at least ten years; and have been a person of good moral character throughout this time; and are not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
Adjustment of status in immigration court can be obtained if the eligible parent, spouse, widow or child of a U.S. citizen applies with the court to seek to adjust his status to that of lawful permanent resident with an immigration judge. Individuals in deportation proceedings whose priority dates become current, creating an available visa, may also qualify to apply for adjustment of status before an immigration judge. Conditional permanent residents who are in deportation proceedings may renew their applications for permanent residency before an immigration judge.
Eligibility for waivers of removability depend upon the alien’s ability to establish hardship to himself or to his close family members if he were to be removed from the U.S. A person who has committed fraud or a material misrepresentation may apply for a waiver under §212(i) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or U.S. citizen spouse or parents. Similarly, a person who is excludable on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parents or children.