Perez & Associates | Immigration Visas

DEPORTATION & REMOVAL

Many people think that all is lost when they, a family member, or a friend is placed in removal proceedings (removal used to be called deportation). The reality is that there are many possibilities for relief to consider when someone is placed in removal proceedings.

At Perez & Associates we are familiar with all of them and we win over 98% of our cases. Before giving up, let Perez & Associates evaluate your situation. We will explain what options may be available to you and give you a realistic idea of your chances of winning. How you choose to handle a removal case will affect you and your family the rest of your life. Below are some areas of relief that may be available.

Permanent Residence

Persons who become eligible for permanent residence (a green card) while in removal proceedings may be granted permanent residence (a green card) by the Immigration Judge or may have the removal proceedings terminated so permanent residence can be granted by the U.S. Citizenship and Immigration Services (CIS). A person in removal proceedings can become eligible for permanent residence if they marry a United States citizen or if a visa petition filed by a family member (parent, child, sibling) becomes current.

Political Asylum

Persons in removal proceedings may be able to apply for political asylum. Even if a person has already applied for asylum with the U.S. Citizenship and Immigration Services, one is permitted to have their asylum case reassessed by the Immigration Judge. Asylum also one of the few forms of relief available to persons who entered illegally or with false documents.

Waivers

Certain persons who are placed in removal proceedings because of criminal convictions or who have other grounds of inadmissibility may be eligible for a waiver.

Cancellation of Removal for Nonresidents

Persons who have been in the United States for at least ten years before being placed in removal proceedings, and who have been persons of good moral character during the ten year period, may be allowed to remain in the United States and granted permanent residence (a green card) by an Immigration Judge if they can prove to the Immigration Judge that their removal would result in an unusual and exceptional hardship to a parent, spouse, or child who is a citizen or permanent resident of the United States.

Cancellation of Removal for Residents

Persons who have been permanent residents of the United States for five years, and have been physically present in the United States for at least seven years, who are placed in removal proceedings because of certain criminal convictions may also obtain relief from removal if they can show that they have been rehabilitated and that their removal would result in an extreme hardship to them or to a parent, spouse, or child who is a citizen or permanent resident of the United States.

Prosecutorial Discretion

Because there are currently over 3,000,000 cases pending in the immigration courts, requests for prosecutorial discretion are available if there is no direct relief from deportation. If the foreign national who is in removal proceedings does not have any relief available, and if they can show they do not pose a threat to the national security, border security, or public safety a request can be made to ICE to dismiss the removal case. Such a dismissal does not grant the foreign national any status in the United States. That means that the foreign national will not be able to get employment authorization or apply for a green card. The only benefit is that ICE will no longer be trying to remove the foreign national from the United States. The exception to this is a foreign national with a valid asylum claim. Such foreign national will be able to continue to pursue their asylum claim with USCIS and will be able to obtain work authorization based on the pending asylum application.