Defenses to Deportation

Termination of Removal Proceedings / Administrative Closure

Individuals who are placed in deportation proceedings may be entitled to termination of those proceedings — or administrative closure — for a number of reasons, including lack of jurisdiction, the existence of a pending or approved immigrant visa petition, eligibility for U.S. citizenship, and deformities or irregularities concerning the government’s allegations or initiation of removal proceedings against them, among other reasons.

How we help: Our team of deportation defense attorneys will identify relevant circumstances, negotiate with attorneys for the government, and request that the Immigration Judge (IJ) terminate removal proceedings when possible or advisable.

In-Court Adjustment of Status

Adjustment of Status in-court means obtaining one’s lawful permanent residency (green card) while in removal proceedings. Under certain circumstances, foreign nationals with approved or pending immigrant visa petitions filed by qualifying family members or by employer sponsors may obtain lawful permanent residence in the U.S. by submitting their applications for adjustment of status (lawful permanent residence) to the Immigration Court.

Cancellation of Removal

Both Lawful Permanent Residents (LPR) and individuals without any valid immigration status in the U.S. may present Cancellation of Removal as a defense against deportation. If granted, an undocumented person may become an LPR. For LPRs, they will be able to maintain their green card status in the United States.

For LPRs, they will need to prove:

  1. at least five years of permanent residence status;
  2. seven years of physical presence; and
  3. that they are not deportable due to certain criminal convictions.

Persons without any lawful immigration status must show:

  1. that they have lived in the United States for at least ten years;
  2. that they are persons of “good moral character”; and
  3. that their removal will result in “extreme or unusual hardship to qualifying U.S. citizen or LPR family members.”

Both sets of individuals must also show that they merit a positive exercise of discretion by the Immigration Judge. Note that certain criminal convictions may render an individual ineligible for relief.

Asylum / Withholding of Removal / Convention Against Torture

Asylum and related defenses to removal may be available to certain foreign nationals who fear persecution in their home countries on account of their race, religion, nationality, political opinion and/or membership in a particular social group. Individuals must prove that they have suffered past persecution or are likely to suffer future persecution at the hands of their home government or by groups or individuals that their government is unwilling or unable to control.

How we help: Our team of attorneys will work with clients to gather documentary evidence, prepare clients for testimony, identify and contract country conditions experts when necessary, as well as provide the legal basis for eligibility.

To speak with an immigration attorney about deportation defense options contact Grossman Young & Hammond.

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