At the Law Firm of Sethi & Mazaheri, we are dedicated to providing representation to individuals facing deportation or removal from the US. Due to the complexity of the immigration laws and procedures, it is critical to consult an attorney with the knowledge and experience to help prevent you or your family member’s deportation.
Our attorneys possess the skills and resources to help our clients analyze the circumstances surrounding their removal and construct the best arguments to challenge the basis for the removal.
Even though a person may be in a removal proceeding, he or she may be still eligible to apply for deportation relief. Our lawyers are prepared to aggressively advocate on behalf of our clients and assert all possible defenses to enable our clients to succeed in their deportation case and remain in the country legally. The following are common forms of relief that can help you succeed in your deportation case:
- Cancellation of Removal/Deportation
Cancellation of Removal is a form of relief available to permanent residents, nonpermanent residents, and those without status. If the Immigration Court grants someone cancellation of removal, then the Court terminates the deportation proceeding and allows that individual to live in the United States as a Green Card holder. Cancellation of removal may be granted for the following individuals:
- Persons In The United States Unlawfully- If you have been in the US for 10 years continuously and can demonstrate that your removal would cause a U.S. citizen immediate family member to experience exceptional and extremely unusual hardship, you are eligible for cancellation of removal.
- Non-permanent residents- same standard as in number one.
- Permanent Residents- If you have been in the United States for at least 7 straight years and were not convicted of a crime within your first five years here, you are eligible for cancellation of removal.
Adjustment of status is also a defense in a removal proceeding. If a person is in removal proceedings, he or she may be qualified to remain in the US through an application for a green card by an immediate relative, such as a husband/wife, mother/father, or son/daughter, who is a US citizen. The removable alien must have entered the U.S. lawfully in order to be eligible for such relief. If the application to adjust status is filed in removal proceedings, the Immigration Judge decides whether or not to grant adjustment of status. If the Immigration Judge rules in favor of adjustment, then the status of the alien in removal will be changed to that of a lawful permanent resident and the deportation proceedings will be terminated.
Voluntary departure allows an alien in removal proceedings to depart the United States on his or her own, rather than under a removal order. Thus, there is no ten-year bar preventing the alien from being readmitted into the US. Generally, if one is allowed to voluntarily depart, then he or she can immediately apply for another visa and attempt to re-enter the country using a waiver.
- Protection against deportation for victims of torture, trafficking, and domestic violence
- Asylum requests as a defense to deportation/removal
- Motions to Reopen deportation/removal proceedings
- Appeals of deportation/removal orders