Removal Proceedings (Immigration Court) and Bond
At Shestopalko Law we understand how crucial it is to receive legal assistance when you are in removal proceedings or detained during removal proceedings. Contact us so we can help you with every step of your case.
A removal proceeding (deportation) is the legal process in which an alien is formally removed from the United States for violating the United States immigration laws. The removal proceedings are held at immigration court before an Immigration Judge. Removal proceedings begin when the government alleges that an individual does not have valid immigration status or that an individual has done something to end otherwise valid immigration status. The government initiates removal proceedings by usually issuing a document called a Notice To Appear.
Aliens who are candidates (may be subject) to deportation (removal proceedings):
- Aliens who entered the United States illegally
- Aliens who overstayed his or her visa and failed to timely leave the United States
- Aliens whose affirmative asylum application were denied by Untied States Citizenship and Immigration services and who were referred to Immigration Court
- Aliens who were unlawfully employed while not possessing an authorization to be employed in the United States
- Aliens who failed to maintain his or her immigration status
- Aliens on student visas who either failed to start his or her course of study or who withdrew from the course of study before the program’s completion
- Aliens who committed certain crimes including aggravated felonies, domestic violence, drug-related crimes and crimes involving moral turpitude
- Aliens who failed to report change of address to the United States Immigration and Citizenship Services within ten days of moving to a new residence
- Aliens engaged in “Marriage fraud”
- Aliens who produced false documents for entry
- Aliens who committed immigration fraud by providing false information, providing fraudulent documentation or omitting certain facts to an Immigration Office
- Aliens who presented false documents proving United States Citizenship
Relief From Removal
Cancellation of Removal 42A: Cancellation of Removal (for lawful permanent residents) enables green card holders to avoid deportation and remain in the United States.
To qualify for Cancellation of Removal 42A the alien needs to demonstrate:
- That he or she has been a lawful permanent resident (green card holder) for at least 5 years
- That he or she continually resided in the United States for at least 7 years
- That he or she has NOT been convicted for an aggravated felony
- That he or she has not been granted cancellation of removal or section 212(c) relief in the past
- That the Immigration Judge should grant the alien’s application “as a matter of discretion”
Cancellation of Removal 42B: Cancellation of removal for non-lawful permanent residents (aliens who are illegally in the United States) is a defense to deportation, and a way to get a green card for aliens in removal (deportation) proceedings.
To qualify for Cancellation of Removal 42B the alien needs to demonstrate:
- That he or she has been physically present in the United States for 10 years or more
- That he or she has been a person of “good moral character” for at least 10 years
- That he or she does not have any disqualifying criminal convictions
- That the alien has a United States citizen or Lawful Permanent (green card holder) spouse, parent, and/or child under 21 who would suffer “exceptional and extremely unusual hardship” if the alien is deported
Challenging Immigration Judge’s Decision
Review of an Immigration Judge’s decision may be accomplished by filing an appeal with the Board of Immigration Appeals. There is a strict time limit when an appeal can be filed. At Shestopalko Law we will examine, investigate and research your individual case and put forth the proper arguments in an effort to win your case. Contact Shestopalko Law for your individualized help.
Here is where we can help!
For more specific help with your individual case, call Shestopalko Law today at (585) 506-7356, email email@example.com or fill out our contact form.
Disclaimer: This article discusses general legal issues, but it does not constitute legal advice. No one should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Shestopalko Law expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.