Get A Skilled And Determined Defense Against Deportation
The fear of deportation can weigh heavy on your mind and affect the way you live your life on a daily basis. If you want to come up with a plan to avoid deportation, or if you are already facing deportation (removal) proceedings, contact Empire Immigration Law, PLLC in Buffalo, New York.
The firm’s attorney, Ramon Irizarry, devotes 100 percent of his practice to immigration law and has done so for over a decade. He is passionate about standing up for immigrants and prospective immigrants from all walks of life.
You deserve to have someone fight on your behalf to keep you in this country and let you continue living the life you’ve worked so hard to build in peace. Call 888-606-3005 for a free consultation with an experienced immigration lawyer.
Avoiding Deportation: Know Your Rights
During a first consultation, you can learn what your rights are when it comes to deportation. You surprisingly do have some rights in immigration court. The government has the burden of proof. They must show that you need to be removed because of a convincing and clear reason proven by unequivocal evidence. Mr. Irizarry knows how to spot weaknesses and poke holes in the government’s case, which is essential for keeping you here.
If the government is successful in proving what they have to prove, you may still have other grounds for avoiding deportation. Those options might include:
You want a lawyer who handles this frequently and has the personalized and first-hand experience to successfully help you. Mr. Irizarry has that experience.
Appealing A Deportation Order
If your case gets denied by an immigration judge who orders your removal, you have the right to appeal within 30 days to the Board of Immigration Appeals. If they deny your appeal, you can pursue a further appeal before the U.S. federal Courts of Appeal. Mr. Irizarry can assist you with any appeals.
Common Grounds For Challenging Deportation
Below are some of the common grounds for avoiding deportation if you are already facing removal proceedings. Attorney Irizarry can advise you on the specifics of each and whether you qualify for them.
Cancellation Of Removal For Certain Nonlawful Permanent Residents
If you’ve lived here as a resident without legal status, you may qualify to stay if you meet the following qualifications:
- You must have already been in the United States for 10 years or longer.
- You must be able to show that you have had good moral character for the past 10 years.
- You must not have any disqualifications such as criminal convictions.
- You must also be able to show that you have a parent, child under 21 years old, or a spouse who is a United States citizen or a lawful permanent resident who would suffer “exceptional and extremely unusual hardship” if you were to be removed.
Cancellation Of Removal For Green-Card Holders
If you are a lawful permanent resident with a green card and you would like to stay in the United States, you will have to prove the following in order for this cancellation of removal to be granted:
- You need to show that you were a lawful permanent resident for at least five years or you have had continual residence in the United States for at least seven years.
- You also need to show you have never been convicted of an aggravated felony nor have you been granted a cancellation of removal ever before.
It will be at the discretion of the immigration judge as to whether or not your case gets granted. Mr. Irizarry is skilled at handling these types of cases and can make a strong argument for you.
Waivers Of Removal
If you are facing deportation on grounds that when you entered the United States, you weren’t actually admissible (a technical immigration term meaning you didn’t qualify to enter the U.S. legally), you may still be able to avoid deportation through a waiver of removal. Whether you are eligible for a waiver of removal depends on whether you can establish hardship for your close family members if you were to be taken out of the United States. If you are able to show that there would be extreme hardship to lawful permanent residents or United States citizens, such as a parent or a spouse, Mr. Irizarry could help you move forward with that approach.
If you were placed in a deportation proceeding before April 1, 1997, you could be eligible for a suspension of deportation. Depending on the three following conditions, you may be able to apply for permanent residency through your suspension of deportation:
- You have to have resided in the United States continuously for the last seven years with only short and innocent absences from the country.
- You also have to show that you have a good moral character.
- You need to show that if you were to leave, it would cause extreme hardship to citizens or lawful permanent residents of the United States
Mr. Irizarry can help you determine if you are eligible.
Getting An Adjustment of Status
Attorney Irizarry has been able to successfully save people from being deported by applying for an adjustment of status for them to get a green card (or to renew a prior application).
If you are someone who would be considered deportable but you are the parent, spouse or child of a United States citizen, you might be eligible to adjust your status to a lawful permanent resident. There are a lot of different types of people who might be eligible for an adjustment of status under section 245i of the law, such as people who have a visa petition that was submitted on or before April 30, 2001.
If you became a permanent resident after you were married or your parent was married and that’s how you became a permanent resident, then you might be at risk of having your legal status terminated by the USCIS if you don’t meet some standard requirements. You might be placed under deportation proceedings, but you can renew your application for an adjustment of status to a permanent resident in front of an immigration judge.
Legalization Or Amnesty
You will be allowed to stay in the United States if you are found to have qualified for amnesty or legalization by the USCIS. Once this is determined, then any hearings for deportation will end as you have shown you have a legal right to remain in this country.
If you have been in the United States since before January 1, 1972, and you have good moral character and do not have any aggravated grounds for which you can be deported but you are not eligible for naturalization, then registry can be another way for you to remain a lawful permanent resident here in the United States. Mr. Irizarry can advise you of the specifics.
If you have no other possible relief from your removal, then voluntary departure may be your only option. Most people are eligible and can apply for this. You will be able to avoid the stigma that comes with being deported as well as the legal issues attached to removal from this country.
If your deportation is based on aggravated grounds, you will not be able to go forward with voluntary departure. If you are not being removed because of aggressive grounds, however, then you will be able to apply for voluntary departure. You also have to be able to afford to depart from the United States within a particular period of time that is determined by an immigration judge, and they must be able to establish good moral character for you over the past five years. Ultimately, the immigration judge has discretion whether to grant voluntary departure, which is why it’s so important to have an experienced lawyer make a strong case on your behalf.