Removal Deportation Defense HOUSTON, TX immigration lawyer
Immigrants often assume that being placed in deportation or removal proceedings automatically means deportation, and therefore, no reason to consult an immigration attorney.
Nothing could be further from the truth. The government wants you to believe you have no choice. But do not agree or sign anything that you do not understand. With Ting Law Group, our team explains the immigration laws that you qualify for to stop deportation and remain in the U.S. on a permanent basis. If you do not qualify, we will tell you upfront.
To find out if you qualify, it’s important to consult with an immigration attorney. An experienced attorney will ask the difficult questions because sometimes clients believe that one arrest was not important to share. During consultations, we ask about everything that could give a person in deportation proceedings even a glimmer of hope. We want to know about every entry and departure from the U.S., every family member’s immigration status (past and present), every divorce, every marriage (formal or informal), every family illness or hardship, every past incident of victimization or abuse, every arrest and conviction.
Nothing could be further from the truth. The government wants you to believe you have no choice. But do not agree or sign anything that you do not understand. With Ting Law Group, our team explains the immigration laws that you qualify for to stop deportation and remain in the U.S. on a permanent basis. If you do not qualify, we will tell you upfront.
To find out if you qualify, it’s important to consult with an immigration attorney. An experienced attorney will ask the difficult questions because sometimes clients believe that one arrest was not important to share. During consultations, we ask about everything that could give a person in deportation proceedings even a glimmer of hope. We want to know about every entry and departure from the U.S., every family member’s immigration status (past and present), every divorce, every marriage (formal or informal), every family illness or hardship, every past incident of victimization or abuse, every arrest and conviction.
Frequently Asked Questions about Deportation Why Am I Being Deported?
There are many ways an individual could trigger a deportation or removal case. Because there are so many different offenses, many individuals do not even realize that they have done something to risk their green card.
Deportation can be a result of the following offenses:
Deportation can be a result of the following offenses:
- Marriage Fraud, Lying or misrepresentation for an immigration benefit
- Criminal conviction, including for felonies, misdemeanors, and infractions
- Immigration violations, including prior deportations, immigration fraud, or smuggling
- Homeland security crimes, including espionage, sabotage, or treason and sedition-related crimes
Do I Need a Houston Deportation Attorney For My Case?
Yes, we highly recommend it because there are many rules that you need to follow. These rules are not easily found searching online. There is not one place where you can find them. One example is that any documents you provide to the court, you also must provide a copy to the government attorney. Do you know which office address or how to provide it to them? Our experienced attorneys know the rules, the law, and do this everyday. Judges can get frustrated when people do not listen to them and have to repeat it. You want us on your side and the judge to be pleasant as possible. Let us serve you by guiding you and getting you through this deportation proceeding.
Below are the most common forms of relief we evaluate in analyzing how to stop a deportation.
CANCELLATION OF REMOVAL FOR NONRESIDENTS
To qualify, you must have 10 years of continuous physical presence in the United States, up until the court filing of the Notice To Appear. During this period you must demonstrate good moral character. You also cannot have been convicted of a crime under Section 212(a)(2) or 237(a)(2) of the Act.
The final requirement for a grant of cancellation is normally the toughest: you must demonstrate that your removal from the United States will cause exceptional and extremely unusual hardship on a U.S. citizen or resident parent, spouse or child. This is a very high burden, and few applicants can meet it. Imagine the ordinary case when someone is deported. It causes significant hardship on his family. To win cancellation, you have to prove hardship that far exceeds that in the ordinary, or even extreme, case.
Often the best reason to apply for cancellation is that it buys time. Removal proceedings can take several months to years to be fully resolved, not even including time during an appeal. During that time, a cancellation applicant can receive a work permit. Also, while the application is pending, we often look for other types of relief that become available.
The final requirement for a grant of cancellation is normally the toughest: you must demonstrate that your removal from the United States will cause exceptional and extremely unusual hardship on a U.S. citizen or resident parent, spouse or child. This is a very high burden, and few applicants can meet it. Imagine the ordinary case when someone is deported. It causes significant hardship on his family. To win cancellation, you have to prove hardship that far exceeds that in the ordinary, or even extreme, case.
Often the best reason to apply for cancellation is that it buys time. Removal proceedings can take several months to years to be fully resolved, not even including time during an appeal. During that time, a cancellation applicant can receive a work permit. Also, while the application is pending, we often look for other types of relief that become available.
cancellation of removal for permanent resident
Green card holders (residents) can apply to cancel their removal if they have had their green cards for 5 years, if they have continuously resided in the U.S. for 7, and if they lack a conviction for an aggravated felony.
Deciding whether you have 7 years of continuous residence is trickier than it sounds. Several types of criminal offenses can “stop the clock.”
Knowing if you’ve been convicted of an aggravated felony is also not a simple matter. A lot time is put in to research as case law changes the strategy almost every month.
Even if you meet the above eligibility requirements, you’ll need to prove to an immigration judge that you deserve to remain in the U.S. as a matter of discretion. This means that in deciding your application, the Immigration Judge will weigh factors like your length of presence, family hardship, and the nature and seriousness of criminal history.
Deciding whether you have 7 years of continuous residence is trickier than it sounds. Several types of criminal offenses can “stop the clock.”
Knowing if you’ve been convicted of an aggravated felony is also not a simple matter. A lot time is put in to research as case law changes the strategy almost every month.
Even if you meet the above eligibility requirements, you’ll need to prove to an immigration judge that you deserve to remain in the U.S. as a matter of discretion. This means that in deciding your application, the Immigration Judge will weigh factors like your length of presence, family hardship, and the nature and seriousness of criminal history.
VAWA CANCELLATION OF REMOVAL
The Violence Against Women Act (VAWA) contains special rules for cancellation of removal for non-lawful permanent resident (LPR) spouses or children of U.S. citizens (USCs) or LPRs who were subject to battery or extreme cruelty by the USC or LPR spouse or parent. Similar to the cancellation of removal rules for most non-LPRs that are found in INA § 240A(b)(1), an applicant may only request special rule cancellation found in INA § 240A(b)(2) before an immigration judge when in the midst of removal proceedings, and if granted cancellation, the beneficiary's status will be adjusted to that of LPR. However, the eligibility requirements for special rule cancellation for battered spouses and children are more lenient than for regular cancellation. This article will explain the eligibility requirements for special rule cancellation for battered spouses and children, where they differ from the general rules for non-LPR cancellation, and advice for applying.
Pursuant to INA §§ 240A(b)(2)(A)(i)-(v), the following are requirements for a non-LPR in removal proceedings to apply for cancellation of removal under the special rules for battered spouses and children:
HOW MANY YEARS DO I NEED TO PROVE THAT I LIVED IN AMERICA?
The continuous physical presence requirement for VAWA cancellation is only 3 years instead of 10 for general non-LPR cancellation. Unlike for regular non-LPR cancellation, the stop time rule on continuous physical presence does not trigger with the issuance of a notice to appear (NTA), and continuous physical presence will continue to accrue until cancellation is requested. However, as is the case in regular non-LPR cancellation, the commission of a crime that would render the alien inadmissible or deportable stops the accrual of continuous physical presence pursuant to INA § 240A(d)(1).
In the required 3 years of continuous presence, the applicant may not have a single absence from the United States in excess of 90 days, or have been absent in excess of 180 days total, in order to meet the continuous physical presence requirement. However, pursuant to INA § 240A(b)(2)(B), absences of impermissible lengths may be excused provided that the applicant demonstrates that the absences were connected to his or her abuse at the hands of the USC or LPR spouse or parent.
WHAT IS EXTREME HARDSHIP?
For regular cancellation of removal for non-LPRs, an applicant is required to demonstrate that exceptional and extremely unusual hardship would occur to a qualifying relative on account of the applicant's removal. However, for special rule cancellation for battered spouses and children, an applicant need only show that extreme hardship would occur on account of removal. The applicant may sustain his or her burden by demonstrating that he or she would incur extreme hardship if removed, or that his or her parent or child would incur the requisite hardship. In addition to general extreme hardship factors, special factors particular to the battery or abuse suffered by the applicant may also be taken into account. Regulations regarding special rule cancellation for battered spouses and children found in 8 C.F.R. § 1240.20(c) explain that suspension of deportation regulations found 8 C.F.R. § 1240.58 regarding battered spouses and children are applicable to VAWA cancellation cases:
1. The nature and extend of the physical or psychological consequences of abuse;
2. The impact of loss of access to the United States courts and criminal justice system (including, but not limited to, the ability to obtain and enforce orders of protection, criminal investigations and prosecutions, and family law proceedings or court orders regarding child support, maintenance, child custody, and visitation);
3. The likelihood that the batterer's family, friends, or others acting on behalf of the batterer in the home country would physically or psychologically harm the applicant or the applicant's child(ren);
4. The applicant's needs and/or needs of the applicant's child(ren) for social, medical, mental health or other supportive services for victims of domestic violence that are unavailable or not reasonably accessible in the home country;
5. The existence of laws and social practices in the home country that punish the applicant or the applicant's child(ren) because they have been victims of domestic violence or have taken steps to leave an abusive household; and
6. The abuser's ability to travel to the home country and the ability and willingness of authorities in the home country to protect the applicant and/or the applicant's children from future abuse.
CAN I BE DENIED BASED ON DISCRETION?
Yes, that is why we verify that our clients pay their taxes even if you do not have a social security number. You can apply for an individual tax ID number. Cancellation of removal is a discretionary form of relief. Therefore, an immigration judge may deny cancellation due to mitigating factors even when an applicant appears otherwise eligible for cancellation of removal relief.
Pursuant to INA §§ 240A(b)(2)(A)(i)-(v), the following are requirements for a non-LPR in removal proceedings to apply for cancellation of removal under the special rules for battered spouses and children:
- Is an alien who has been battered or subject to extreme cruelty by a USC or LPR spouse [this includes a spouse who the non-LPR thought he or she was legitimate married to but was not on account of the spouse's bigamy] or parent, or is the parent of a child of a USC or LPR parent who was battered or subject to extreme cruelty; and
- has been continuously physically present in the United States for at least 3 years preceding the date of the application for cancellation of removal; and
- has been a person of good moral character (GMC) for the required period of continuous physical presence; and
- is not inadmissible or deportable under certain provisions of the INA, and has not been convicted of an aggravated felony; and
- whose removal would result in extreme hardship to the alien, the alien's child, or the alien's parent.
HOW MANY YEARS DO I NEED TO PROVE THAT I LIVED IN AMERICA?
The continuous physical presence requirement for VAWA cancellation is only 3 years instead of 10 for general non-LPR cancellation. Unlike for regular non-LPR cancellation, the stop time rule on continuous physical presence does not trigger with the issuance of a notice to appear (NTA), and continuous physical presence will continue to accrue until cancellation is requested. However, as is the case in regular non-LPR cancellation, the commission of a crime that would render the alien inadmissible or deportable stops the accrual of continuous physical presence pursuant to INA § 240A(d)(1).
In the required 3 years of continuous presence, the applicant may not have a single absence from the United States in excess of 90 days, or have been absent in excess of 180 days total, in order to meet the continuous physical presence requirement. However, pursuant to INA § 240A(b)(2)(B), absences of impermissible lengths may be excused provided that the applicant demonstrates that the absences were connected to his or her abuse at the hands of the USC or LPR spouse or parent.
WHAT IS EXTREME HARDSHIP?
For regular cancellation of removal for non-LPRs, an applicant is required to demonstrate that exceptional and extremely unusual hardship would occur to a qualifying relative on account of the applicant's removal. However, for special rule cancellation for battered spouses and children, an applicant need only show that extreme hardship would occur on account of removal. The applicant may sustain his or her burden by demonstrating that he or she would incur extreme hardship if removed, or that his or her parent or child would incur the requisite hardship. In addition to general extreme hardship factors, special factors particular to the battery or abuse suffered by the applicant may also be taken into account. Regulations regarding special rule cancellation for battered spouses and children found in 8 C.F.R. § 1240.20(c) explain that suspension of deportation regulations found 8 C.F.R. § 1240.58 regarding battered spouses and children are applicable to VAWA cancellation cases:
1. The nature and extend of the physical or psychological consequences of abuse;
2. The impact of loss of access to the United States courts and criminal justice system (including, but not limited to, the ability to obtain and enforce orders of protection, criminal investigations and prosecutions, and family law proceedings or court orders regarding child support, maintenance, child custody, and visitation);
3. The likelihood that the batterer's family, friends, or others acting on behalf of the batterer in the home country would physically or psychologically harm the applicant or the applicant's child(ren);
4. The applicant's needs and/or needs of the applicant's child(ren) for social, medical, mental health or other supportive services for victims of domestic violence that are unavailable or not reasonably accessible in the home country;
5. The existence of laws and social practices in the home country that punish the applicant or the applicant's child(ren) because they have been victims of domestic violence or have taken steps to leave an abusive household; and
6. The abuser's ability to travel to the home country and the ability and willingness of authorities in the home country to protect the applicant and/or the applicant's children from future abuse.
CAN I BE DENIED BASED ON DISCRETION?
Yes, that is why we verify that our clients pay their taxes even if you do not have a social security number. You can apply for an individual tax ID number. Cancellation of removal is a discretionary form of relief. Therefore, an immigration judge may deny cancellation due to mitigating factors even when an applicant appears otherwise eligible for cancellation of removal relief.
ADJUSTMENT OF STATUS
Just as a person can apply for a green card through a family member outside of removal proceedings, he or she can do the same in immigration court. Except, in removal proceedings, only the immigration judge can decide whether to give you a green card.
The same eligibility requirements apply, whether or not you in removal proceedings. You’ll need an approved visa petition, a visa that’s immediately available, and a lawful entry to the United States (or meet some other exception).
Also, if you have criminal history that makes you inadmissible, you’ll need to seek a criminal waiver under section 212(h) of the Immigration and Nationality Act.
Notably, even people that have already adjusted status in the past can sometimes qualify for “Readjustment of Status.” To do so, you’ll need a new visa petition, one that’s different from the one that you previously used.
The same eligibility requirements apply, whether or not you in removal proceedings. You’ll need an approved visa petition, a visa that’s immediately available, and a lawful entry to the United States (or meet some other exception).
Also, if you have criminal history that makes you inadmissible, you’ll need to seek a criminal waiver under section 212(h) of the Immigration and Nationality Act.
Notably, even people that have already adjusted status in the past can sometimes qualify for “Readjustment of Status.” To do so, you’ll need a new visa petition, one that’s different from the one that you previously used.
asylum, withholding of removal, or convention against torture
Asylum is a form of government protection for refugees. Refugees are persons who fled persecution from their native countries. Significantly, you can’t get asylum just because your life is in danger. You have to prove that the persecution feared is on account of your race, religion, nationality, political opinion, and membership in a particular social group. Also, generally speaking, you won’t qualify for asylum unless you apply within one year of your last entry. (Exceptions apply though.) Finally, you are barred from seeking asylum if you’ve been convicted of an aggravated felony.
If you don’t qualify for asylum, but still fear for your life, there are other forms of related relief available. One is withholding of removal. Withholding of removal is harder to win than asylum; you have to prove that you face a greater than 50% chance of persecution. (For asylum, you only need to show a well-founded fear of persecution, which one court has suggested could be as low as 10%.) If you are granted withholding, you cannot leave the United States, and you can’t get a green card.
If you don’t qualify for withholding of removal, you can apply for protection under the Convention Against Torture. This for people who face a probability of being tortured by or at the acquiescence of a public official.
If you don’t qualify for asylum, but still fear for your life, there are other forms of related relief available. One is withholding of removal. Withholding of removal is harder to win than asylum; you have to prove that you face a greater than 50% chance of persecution. (For asylum, you only need to show a well-founded fear of persecution, which one court has suggested could be as low as 10%.) If you are granted withholding, you cannot leave the United States, and you can’t get a green card.
If you don’t qualify for withholding of removal, you can apply for protection under the Convention Against Torture. This for people who face a probability of being tortured by or at the acquiescence of a public official.
212(h) waiver
The 212(h) waiver is a criminal waiver that can be used affirmatively (outside removal proceedings) and defensively (in removal proceedings).
In removal proceedings, it can only be used in two scenarios to waive a crime of inadmissibility. First, where the person was charged with removal on attempted entry into the country at a port-of-entry, like a border crossing point or airport. In this scenario, it’s used as a standalone waiver. Second, the waiver can be used in conjunction with an application adjustment of status in removal proceedings.
The waiver doesn’t every crime under the sun. Most commonly it’s used to waive crimes involving moral turpitude (like fraud or theft), prostitution, or a single offense of possession of marijuana under 30 grams. It cannot be used to waive other drug offenses like possession of cocaine or heroin, or multiple offenses involving marijuana.
In removal proceedings, it can only be used in two scenarios to waive a crime of inadmissibility. First, where the person was charged with removal on attempted entry into the country at a port-of-entry, like a border crossing point or airport. In this scenario, it’s used as a standalone waiver. Second, the waiver can be used in conjunction with an application adjustment of status in removal proceedings.
The waiver doesn’t every crime under the sun. Most commonly it’s used to waive crimes involving moral turpitude (like fraud or theft), prostitution, or a single offense of possession of marijuana under 30 grams. It cannot be used to waive other drug offenses like possession of cocaine or heroin, or multiple offenses involving marijuana.
prosecutorial discretion
Prosecutorial discretion refers to ICE’s discretion or authority to not pursue removal in a particular case, based on special circumstances. The use of prosecutorial discretion has largely ground to a halt under the Trump administration. It used to be a common tool for administratively closing cases where no relief was available, but where the person has a largely positive history and only minor blemishes.
We will find out in the coming months whether prosecutorial discretion will again become an avenue for seeking relief from deportation, especially in cases where a person qualifies for a provisional waiver of unlawful presence.
We will find out in the coming months whether prosecutorial discretion will again become an avenue for seeking relief from deportation, especially in cases where a person qualifies for a provisional waiver of unlawful presence.
is it possible to win a deportation case?
Yes, we have succeeded in stopping many deportations for detained and non-detained immigrants. Many cases were terminated early after we argued successfully that the individual was not subject to deportation under the law. Other cases moved to the relief stage, where we proved the person’s eligibility and presented a well-evidenced story for why the person’s removal was not in the country’s best interest. This requires team effort with your assistance.
Nonetheless, it’s important to recognize that the facts of every case are different, and no guarantee can be made as to the outcome. We cannot control for the state of the law, or the thought process of an immigration judge.
However, first we promise to always give honest advice and set realistic expectations, even when that means declining to represent you. We promise to provide a transparent and thorough representation before the immigration court and will do everything possible to win your case. We will also be upfront with you if there are any negative factors in your case.
Nonetheless, it’s important to recognize that the facts of every case are different, and no guarantee can be made as to the outcome. We cannot control for the state of the law, or the thought process of an immigration judge.
However, first we promise to always give honest advice and set realistic expectations, even when that means declining to represent you. We promise to provide a transparent and thorough representation before the immigration court and will do everything possible to win your case. We will also be upfront with you if there are any negative factors in your case.
WE ARE YOUR HOUSTON IMMIGRATION LAWYERs
It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until the last minute to hire an attorney. That puts your case at a disadvantage. Consult with us in the early stages. We are a team and we work together. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).
We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.
We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.