Defenses Against Removal
Form I-751 Removal of Conditional Residence: There are times when conditional residents are placed in removal proceedings if they fail to file the I-751 petition to remove conditions on residence. File the I-751 petition can take the person out of removal proceedings.
Criminal Waivers: Criminal waivers: 212(c), 212(h) and EOIR-42A Cancellation of removal for Legal Permanent Residents (LPR) - LPRs with a criminal record may be eligible for a EOIR-42A application. Non-LPRs may be eligible for the other criminal waivers.
Asylum and Withholding of Removal and Relief under the Convention Against Torture: Those present in the United States who have suffered harm, or fear that they will suffer harm upon return to their home country, may be eligible for asylum, withholding of removal or relief under the Convention Against Torture. Applicants must show that the harm they suffered or fear they will suffer rises to the level of “persecution” and that harm is based on race, religion, nationality, membership in a particular social group, or (actual or imputed) political opinion.
EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal: In some cases, an applicant can have his or her deportation proceeding canceled and obtain lawful permanent resident status if he or she can establish (1) Physically present in the U.S. for at least 10 years before Immigration Court proceedings began; (2) Good moral character for 10 years; and (3) That a U.S. citizen or legal permanent resident child, spouse, or parent will suffer extreme and exceptionally unusual hardship if the individual is not allowed to remain in the U.S.
Prosecutorial Discretion: In some circumstances, the government attorney may exercise his or her discretion and close or terminate removal proceedings against an individual. The best practice is to request Prosecutorial Discretion in writing with evidence to the Department of Homeland Security.
I-601 Application for Waiver of Grounds of Inadmissibility: If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this application to seek a waiver of certain grounds of inadmissibility.
I-601A Application for Provisional Unlawful Presence Waiver: Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act Section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview
TPS and NACARA: The U.S. government designates certain countries for Temporary Protected Status or “TPS” if conditions in that country temporarily make a person’s return unsafe, or if its government is unable to sufficiently handle the return of its nationals. Similarly, individuals from certain countries — primarily Central America and Eastern Europe — who entered the U.S. before certain dates and applied for asylum or registered for certain benefits may be eligible for NACARA.
Motions to Terminate: An applicant may be able to file a Motion to Terminate asking the Immigration Court to terminate proceedings if there are grounds to do so.
Motions to Suppress: If an individual was detained by law enforcement or immigration in violation of constitutional due process, it might be possible to request the Immigration Court to suppress the evidence and to terminate Immigration Court proceedings.
Voluntary Departure: If no other deportation defense options are available, or in the event a person is eligible to return to his or her home country and obtain a visa to return to the U.S., he or she may want to request voluntary departure in lieu of being ordered removed / deported. Voluntary Departure is not available to everyone in removal proceedings, but may be the best option.
Malik Law Firm has significant years of experience successfully defending clients in Deportation and Removal proceedings. We represent clients in all 50 states and worldwide. If you need assistance in an Immigration or Criminal matter, Malik Law Firm has the expertise to represent you.
To contact us, you can call (646)-470-6859 from anywhere in the world.