Viles Law Firm has many years of experience in representing clients before the immigration court when they are in removal proceedings. Attention to detail is critical. Your lawyer must help you tell your story in a consistent and coherent manner. Different forms of relief (defenses to removal) are available before an immigration judge. We can help you identify the best form of relief and assist you in preparing the best case possible. Let us help you understand your rights.
Removal proceedings are the government’s way of removing (deporting) certain classes of persons from the United States. The government can instigate removal proceedings against nonimmigrants, permanent residents, and denaturalized citizens.
Removal proceedings begin with the issuance of a Notice to Appear (NTA) which is served on the alien who is termed the Respondent. The NTA will list the alien’s name, charges, and court date. An experienced attorney should review the NTA for accuracy.
Immigration court involves two types of hearings: Master Calendar Hearing and Merits or Individual Hearing. The Master Calendar Hearing is typically a meet and greet with the judge and government attorney so that the Respondent can discuss the accuracy of the charges on the NTA, explain the type of relief (defense) from removal the Respondent will be seeking, and when the next court date will be. Depending on the type of relief the Respondent is seeking, there may be multiple Master Calendar Hearings or, possibly, the judge will set the Respondent’s case for a merits hearing.
The Notice to Appear will list charges against the Respondent which the government alleges as grounds for expelling the Respondent from the United States. The various grounds of deportation and inadmissibility are detailed in the two sections below.
Adjustment of Status is a defense against removal when you are eligible to obtain a greencard either through a family petition or an employment based. An alien (respondent) in removal proceedings may be the spouse, child, parent, or widow of a U.S. citizen who can sponsor the alien for a greencard.
In order to be eligible for a 212(c) waiver, your attorney must show the court that you:
To be eligible for cancellation of removal as a legal permanent resident, you must prove:
Have family ties to the U.S.
In order to succeed on a Cancellation of Removal Case, you must show the immigration judge that your positive equities are greater than your negative drawbacks. Positive factors include:
Evidence of rehabilitation.
To be eligible for cancellation of removal as a legal permanent resident, you must prove you:
Success in a Cancellation of Removal case, requires you convince the immigration judge that your positive equities are greater than your negative drawbacks. Positive factors include:
Persons without legal status in the U.S. are eligible for Cancellation of Removal as long as they have a U.S. citizen or greencard spouse, parent, or minor child who will suffer extreme or unusual hardship if the foreign national is deported. This relief will allow the foreign national to become a permanent resident. The foreign national applicant must:
VAWA allows for a person, who suffered physical and/or mental abuse at the hands of a U.S. citizen or permanent resident spouse, to obtain a greencard. VAWA cancellation applies to the non-lawful permanent resident spouses and of U.S. citizens or lawful permanent residents who were subjected to battery (physical abuse) or extreme cruelty by the U.S. spouse or permanent resident. VAWA cancellation of removal also covers the children of the non-lawful permanent residents.
An alien applying for VAWA Special Rule Cancellation of Removal must show that he or she has been battered or subjected to extreme cruelty by a United States citizen or a legal permanent resident (greencard holder) spouse.
“Battery” in the immigration context is not as strong as in a state level criminal court. Battery can also include assault. Battery is an unwanted touching (e.g. hitting) whereas assault is making a person afraid of being hit.
Abuse includes being physically abused, threatened with physical abuse, psychological or mental abuse, sexual abuse, financial abuse; has been physically present in the U.S. for at least 3 years before the date of applying for Special Rule Cancellation of Removal.
The Special Rule Cancellation applicant must: