Defenses to Deportation:

Noncitizens might find themselves facing deportation proceedings if they do not have the required documentation to remain in the United States, or if they are legally present in the United States but have been accused of violating the requirements of their legal status. Our attorneys can help you choose the defense of deportation which best suits you under your specific circumstances.

  • Asylum: If you have come to the United States seeking protection because in your country of origin you suffered persecution or you fear that you will suffer persecution due to  race, religion, nationality, membership in a particular social group, or political opinion our attorneys can help you build your case and follow the legal strategies that will help you defend your case before the Immigration Judge.
  • Credible Fear Interview: If you or your loved one was detained by ICE after crossing the United States border, you will be subjected to a credible fear interview before an asylum officer. If you do not pass this interview, you will have the right to present your case before an Immigration Judge to review the asylum officer’s decision.
    • Before the Asylum Officer: This interview can take more than three hours and being alone during this hard time is not recommended. Our attorneys will represent you before the asylum officer and will make sure that you will be well prepared to answer all the questions.
    • Before the Immigration Judge: If you or your loved one did not pass your credible fear interview before the asylum officer, you have the right to appeal the decision before the Immigration Judge. Our attorneys have extensive experience in these cases, and they know how to prepare you and your case to present your case in the best possible way.
  • Voluntary Departure: If you have no way of lawfully remaining in the United States, voluntary departure is permission to leave the country in a way that has fewer negative consequences than being “removed.” While being removed means that the Department of Homeland Security removes you from the United States to the country where you are a citizen, whether you want it or not, “Voluntary departure” means that you ask to be allowed to leave the United States “voluntarily” and using your own resources.
  • Motion to Reopen: A motion to reopen is an important statutory mechanism for people who have been ordered removed. It allows these individuals to ask either the Immigration Judge or the BIA to consider material and previously unavailable evidence and vacate the existing order. The statute requires motions to reopen to “state the new facts that will be proven at a hearing if the motion is granted” and include “affidavits or other evidentiary material” which was not available and could not have been discovered or presented at the former hearing. The most frequent MTR we file daily in our firm is the Motion to Reopen an In Absentia Order. If you failed to appear before the Immigration Judge at the date and time scheduled for your hearing for a good cause, and the Immigration Judge ordered your removal in absence, do not worry, we can help you recover your path by filing a Motion to Reopen your case.
  • Cancelation of Removal: You may be eligible to have your removal cancelled under section 240A(b) of the Immigration and Nationality Act (INA) if:
    • You establish in a hearing before an Immigration Judge that:
      • Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character during such period;
      • You have not been convicted of certain offenses,
      • Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and
      • You deserve a favorable exercise of discretion on your application.
    • Or, if you establish before an Immigration Judge that:
      • You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
      • Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral character.
      • You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA.
      • Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or you are a child whose removal would result in extreme hardship to you or your parent; and
      • You are deserving of a favorable exercise of discretion on your application.
  • Stays of Removal: After an Immigration Judge enters an order of removal against you or someone you love, there are ways to suspend the order and stop the removal:
    • Appeal before the BIA: A timely filed appeal constitutes an automatic stay of removal.
    • Stay of Removal: If the order of removal becomes final, there is still a chance to suspend the order and stop your removal from the United States if you file a stay of removal. Our attorneys can help you both ways, appealing your case before the BIA, or helping you file a Stay of Removal which temporarily prevents or postpones the Department of Homeland Security (DHS) from carrying out or enforcing that order for removal.
  • U Visa: The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Our attorneys can evaluate your case and determine if you are eligible to apply for this relief, and if you qualify, they can help you go through this complicated process.
  • VAWA: Under certain circumstances, our attorneys will help you obtain legal status in the United States by filing Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant.  Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:
    • A U.S. citizen spouse or former spouse;
    • A U.S. citizen parent;
    • A U.S. citizen son or daughter;
    • A lawful permanent resident (LPR) spouse or former spouse; or
    • An LPR parent.