Relief from Removal

Immigration authorities sometimes mistakenly apply the law to a non-citizen’s situation, allowing the person to successfully argue they are not deportable.  When a person is, however, removable, deportation can be defended and avoided through relief from removal. Some forms of relief include, but are not limited to:

1)  Voluntary departure (which allows a set period of time to leave the United States without having actually been removed or deported);
2)  Cancellation of removal based on continuous residence in the United States for ten (or seven years) along with the requisite family ties in the United States;
3)  Adjustment of status to permanent residence (if the foreign national has the required family ties);
4)  Citizenship (possibly based on a parent’s United States citizenship);
5)  Waivers for certain criminal convictions, fraud or health-related grounds;
6)  Political asylum, withholding of removal, or Convention Against Torture protection (which requires proof of fear of persecution based on race, religion, political opinion, nationality or membership in a particular social group in the foreign national’s home country);
7)  Victims Against Women Act;
8)  Vacating of prior criminal convictions; and
9)  Presidential pardons.

The law provides for various waivers and exceptions with respect to the grounds for removal.  As such, even if the non-citizen has committed one of the grounds for deportability, he or she may qualify for a waiver that will prevent deportation.

After an immigration judge issues an order of removal/deportation, the alien may appeal the removal order. In most instances, such an appeal will operate to stay the deportation, meaning that the alien will not be deported.  The removal process can be extremely difficult, emotionally complex, and frustrating.  If you are involved in removal proceedings, you need an attorney with the skill and knowledge to protect your interests.  The experienced immigration team at Sánchez-Roig Law Firm, P.A. can equip you with the support and aggressive advocacy of a proven deportation defense team.

To schedule a confidential consultation, please contact us at (305) 373-5385 or via e-mail.  We are available for in-person, telephonic, or video consultations.