Removal Defense (Cases before an Immigration Judge)
If you have been issued a Notice to Appear ("NTA," Form I-862) by the Department of Homeland Security (DHS), you have been placed in removal proceedings. You have the option to fight for your ability to stay in the U.S. by arguing your case in front of an Immigration Judge.
Typical removal proceedings consist of one or many master calendar hearings and one individual hearing before the judge. The attorneys at L&L Immigration Law, PLLC can represent you in each of these hearings to give you the best opportunity to find the correct type of relief in your situation. The following types of relief are available for individuals in removal proceedings:
Typical removal proceedings consist of one or many master calendar hearings and one individual hearing before the judge. The attorneys at L&L Immigration Law, PLLC can represent you in each of these hearings to give you the best opportunity to find the correct type of relief in your situation. The following types of relief are available for individuals in removal proceedings:
Cancellation of Removal and Adjustment of Status
There are two categories of non-citizens who may qualify for cancellation of removal:
Lawful Permanent Residents (LPRs)
An LPR qualifies for cancellation of removal if he or she:
Non-Permanent Residents
An individual who does not meet the criteria for LPRs may still qualify if he or she:
Our attorneys can help you determine which category you fall into and prepare and present your case to the Immigration Judge.
Lawful Permanent Residents (LPRs)
An LPR qualifies for cancellation of removal if he or she:
- Has been an LPR for at least 5 years
- Has resided in the U.S. after having been admitted in any status, AND
- Has not been convicted of an aggravated felony (as defined in the Immigration and Nationality Act)
Non-Permanent Residents
An individual who does not meet the criteria for LPRs may still qualify if he or she:
- Has been physically present in the U.S. for at least 10 years before filing an application
- Has been a person of good moral character
- Has not committed certain crimes, AND
- Can establish that his or her removal would result in "exceptional and extremely unusual hardship" to his or her spouse, parent, or child (as long as the spouse, parent, or child is a U.S. citizen or LPR)
Our attorneys can help you determine which category you fall into and prepare and present your case to the Immigration Judge.
Waivers of Inadmissibility
The U.S. government has established regulations that detail the criteria a non-citizen must meet in order to be admitted to the U.S. If you fail to meet the health-related grounds, have committed certain crimes, or have entered the country illegally, you may be "inadmissible" to the U.S., even if you are already present in the country. These grounds of inadmissibility, among others, could make you ineligible for relief in immigration court, even if you meet all the other criteria.
If you qualify for a visa or cancellation of removal, but are inadmissible to the U.S., you will need to apply for a waiver of inadmissibility. If a waiver is granted, you will be able to proceed with your case and seek the relief for which you qualify. Depending on your case, you will need to show that you merit a waiver based on a number of factors. These factors include, but are not limited to:
Our attorneys can help you determine whether you qualify for a waiver of inadmissibility. They can also help you gather the appropriate evidence from police stations, hospitals, community organizations, and your home country.
If you qualify for a visa or cancellation of removal, but are inadmissible to the U.S., you will need to apply for a waiver of inadmissibility. If a waiver is granted, you will be able to proceed with your case and seek the relief for which you qualify. Depending on your case, you will need to show that you merit a waiver based on a number of factors. These factors include, but are not limited to:
- Rehabilitation from past criminal activity
- Extreme hardship to a U.S. citizen/LPR spouse, fiancé(e), parent, or child
- Poor country conditions in your native country
- Medical results
- Humanitarian, public interest, or family unity
Our attorneys can help you determine whether you qualify for a waiver of inadmissibility. They can also help you gather the appropriate evidence from police stations, hospitals, community organizations, and your home country.
Asylum & Withholding of Removal
Depending on how long you have been in the country, you may qualify for asylum or withholding of removal if you are fleeing persecution.
To determine whether you qualify for asylum or withholding of removal, ask yourself the following questions:
If you answered "yes" to all of the questions above, you may qualify for asylum or withholding of removal in the U.S. You may still qualify for withholding of removal even if you have been in the U.S. for longer than one year.
However, even if you meet the criteria, certain non-citizens are barred from obtaining asylum. These include people who:
If you are granted asylum, you will be able to apply for work authorization. Later you will have the ability to apply for lawful permanent resident status, and eventually citizenship, in the U.S. Certain family members in the U.S. can also be granted asylum through your application, and you will have the ability to petition for certain other family members to come to the U.S.
If you are granted withholding of removal, you will not be eligible for all the same benefits as those that come with an asylum grant. Additional family members will not receive this status, and you will not have the ability to become a lawful permanent resident or U.S. citizen through your withholding of removal grant. You will still be granted work authorization and acknowledgement that you will not be returned to your country of origin.
Contact us for a more in-depth inquiry into your case.
To determine whether you qualify for asylum or withholding of removal, ask yourself the following questions:
- Are you currently in the U.S.?
- Did your government harm you, or fail to stop others from harming you, because of your: a. Race
- Are you unable or unwilling to return to your home country because of the prior or future harm caused by the government?
- Have you been in the U.S. for a year or less, or are you able to show that extraordinary or changed circumstances prevented you from filing for asylum within your first year of presence in the U.S.?
- b. Religion
- c. Nationality
- d. Membership in a Particular Social Group, or
- e. Political Opinion?
- 2a. If not, do you fear that your government will cause you harm in the future?
If you answered "yes" to all of the questions above, you may qualify for asylum or withholding of removal in the U.S. You may still qualify for withholding of removal even if you have been in the U.S. for longer than one year.
However, even if you meet the criteria, certain non-citizens are barred from obtaining asylum. These include people who:
- Have resettled in another country;
- Were convicted of a "particularly serious crime;"
- Pose a danger to the security of the U.S.;
- Have participated in the persecution of another person;
- Have engaged in terrorist activity; or
- Have committed a non-political crime outside the U.S.
If you are granted asylum, you will be able to apply for work authorization. Later you will have the ability to apply for lawful permanent resident status, and eventually citizenship, in the U.S. Certain family members in the U.S. can also be granted asylum through your application, and you will have the ability to petition for certain other family members to come to the U.S.
If you are granted withholding of removal, you will not be eligible for all the same benefits as those that come with an asylum grant. Additional family members will not receive this status, and you will not have the ability to become a lawful permanent resident or U.S. citizen through your withholding of removal grant. You will still be granted work authorization and acknowledgement that you will not be returned to your country of origin.
Contact us for a more in-depth inquiry into your case.
Relief under the Convention Against Torture (CAT)
If you do not qualify for asylum or withholding of removal, you may still qualify for protection under the United Nations Convention Against Torture (CAT). This international treaty provision is designed to protect aliens from being returned to countries where they would more likely than not face torture.
Torture is defined as severe pain or suffering (physical or mental) that is intentionally inflicted by a public official, with the consent of a public official, or inflicted by or with the consent of a person acting in an official capacity.
If you believe you have been tortured based on the definition above, for any reason, our attorneys can help you seek work authorization and potentially remain in the U.S. Please note that relief received under the CAT does not make you eligible to become a lawful permanent resident of the U.S. or to petition to bring family members to the U.S.
Torture is defined as severe pain or suffering (physical or mental) that is intentionally inflicted by a public official, with the consent of a public official, or inflicted by or with the consent of a person acting in an official capacity.
If you believe you have been tortured based on the definition above, for any reason, our attorneys can help you seek work authorization and potentially remain in the U.S. Please note that relief received under the CAT does not make you eligible to become a lawful permanent resident of the U.S. or to petition to bring family members to the U.S.
