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:
- Filing an adjustment of status if you qualify for a green card
- Filing a waiver of inadmissibility and removability
- Seeking cancellation of removal based on certain grounds
- Establishing asylum
- Requesting voluntary departure so that you aren’t barred from future immigration opportunities
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
The likeliest scenario after you do your asylum interview is that you are going to be receiving a letter that instructs you to return to the Asylum Office to get the decision from the officers. From here, the case is either going to be referred to immigration court for further proceedings or you are going to be granted asylum.
If you have to be referred to immigration court, that means that you have not been granted asylum quite yet, but you do get to try again to present your case before a hearing officer in immigration court. A lot of cases are sent to immigration court, and Mr. Irizarry is prepared to help you through it.
Immediately after you are granted asylum, you can begin the application process for any family members who would also like to seek asylum. The form that you need to be worried about is called I-730. Unfortunately, there are limits to this application process. The timeline is legally bound; there are also limits to which type of family member you can sponsor when seeking asylum. Generally speaking, you have two years from when you were granted asylum to file this form, but a lot of people absolutely need to file their case sooner. Mr. Irizarry can look over your forms to make sure that everything is filed properly.
It is also important to note that when you file for asylum as an individual, it needs to be done within a year of your last entry into this country. It’s up to you to be able to prove that to be true. Your application process will ask for evidence. There are some exceptions but, generally speaking, you need to abide by this one-year limit. Attorney Irizarry will help you determine if you have an extreme circumstance.
Can I Get A Work Permit?
If this is your first time applying for asylum, and it is granted to you, then you absolutely can apply for a work permit in the United States. If you’ve been denied asylum before, then you cannot apply for a work permit in the United States. You can try to get a work permit 150 days after the USCIS received your application for asylum. For you to actually be granted the work permit, you have to wait 180 days.
If there are issues in the application process such as you arriving at your interview at the asylum office without your interpreter, then the days counted will be stopped. When you are working with an asylum lawyer who knows what they are doing, you are going to avoid this type of event that would prevent you from getting a work permit. Mr. Irizarry understands how urgent this matter is and won’t make mistakes that prevent you from being able to provide for yourself.
Can I Get A Green Card?
You absolutely can try to get a green card (become a lawful permanent resident) after you have been granted asylum. You will have to wait one year after being granted asylum either by an immigration judge or the asylum office. The applications for green cards can be tricky to accomplish, and even the smallest of errors could mean that your case is denied. Mr. Irizarry can work with you to ensure that you submit a strong application.
After getting a green card, you may also eventually be eligible to become a U.S. citizen. Mr. Irizarry can help you with that process too.