Removal & Deportation
- Orbit Law, PLLC provides high-quality legal representation for foreign nationals who face deportation (or “removal”) from the United States.
We know that the removal process can be a confusing and scary ordeal that can separate individuals and families from their loved ones. With so much at stake, it is vital that you retain the services of a legal team that is experienced in winning removal cases. At Orbit Law, PLLC, we want to make our experience work for you, to give you the best possible chance of winning your case.
Since the available forms of relief from removal depend on many factors, such as whether you are a legal permanent resident, whether you committed a crime, and the length of time you have been in the U.S, it is crucial that your case is well-researched and well-prepared. We have helped individuals from various countries including Pakistan, Mexico, Honduras, Guatemala, Ivory Coast, Gambia and Eritrea win their cases in Immigration Court.
Common Types of Relief Available in Removal Proceedings:
- Cancellation of Removal for Non-Lawful Permanent Residents ( “Ten Year Cancellation”): applicant must prove continuous residence in the U.S. for ten years, be of “good moral character”, and “extreme and unusual hardship” to a U.S. citizen or a Permanent Resident spouse, parent, or child if the applicant were to be removed from the U.S.
- Cancellation of Removal for Battered Spouses or Children: applicant must show continuous physical presence in the U.S. for three years, be of “good moral character”, and prove hardship to the applicant or his/her child or parent, and that the applicant or his/her child has been battered or subjected to extreme cruelty by a U.S. Citizen or Permanent Resident spouse or parent.
- Suspension of Deportation: Certain individuals in removal proceedings today may still be eligible to proceed under laws that were in place prior to April 1, 1997. To qualify, applicant must show continuous physical presence in the U.S. for seven years, “good moral character”, and extreme hardship to self and/or a US Citizen or Permanent Resident spouse, parent or child.
- Cancellation of Removal for Lawful Permanent Residents: applicant to demonstrate Lawful Permanent Resident status in the U.S. for at least five years; continuous physical presence in the U.S.of at least seven years; no convictions for aggravated felony crimes, and hardship that would result to the applicant him/herself if removed from the U.S.
- Adjustment of Status to Permanent Residence: If an individual in removal proceedings before an Immigration Court in the United States is eligible to receive Lawful Permanent Residence (“Green Card”); he/she may seek Adjustment of Status before the Court. In order to receive this relief, the applicant a “Green Card” must be currently available, and the applicant must not be ineligible for a green card due to other reasons (e.g., criminal record).
- NACARA relief: Certain individuals from Nicaragua, Cuba, El Salvador, Guatemala, and former Soviet Bloc countries are eligible to apply for NACARA as a form of relief from removal.
- Withholding of Removal: Under INA section 241(b)(3), an applicant who can show that there is a likelihood of future persecution on account of his/her race, religion, nationality, membership in a particular social group, or political opinion, may be eligible to receive Witholding of removal as a form of relief.
- Withholding of Removal under the Convention Against Torture: An applicant who can demonstrate either that he/she has been tortured in the past, or faces the likelihood of torture perpetrated against the applicant or certain third parties by the Government of their home country, or with the knowledge and acquiescence of the government, may be eligible to receive this form of relief.
- Waivers: may be available for select offenses that render a person removable. Eligibility for relief often depends on the applicant’s criminal record or other discretionary factors that the Immigration Judge may consider.