Removal (Deportation) Defense

American Flags behind a chain link fenceThe immigration court system is complicated and onerous. There are many defenses available including asylum, withholding of removal, and cancelation of removal. Though our legal system does give one the right to an attorney there is no right to have an attorney appointed free of charge. Pérez Law has an experienced attorney and staff who will advocate vigorously in your defense.

Asylum/Withholding of Removal: People who are persecuted in their home countries due to their race, religion, nationality, particular social group, or political opinion often flee to the United States in search of safety and a chance for a new beginning. Our immigration court system provides them the opportunity to present their case to an immigration judge in the hopes of winning a grant of asylum or withholding of removal. Asylum is a discretionary benefit and withholding of removal is mandatory if a noncitizen is able to prove the elements of their case.

Cancelation of Removal: There are two types: one for noncitizens and one for lawful permanent residents. For noncitizens, this defense to deportation is available for those who have been continuously physically present in the U.S. for at least 10 years and who can provide evidence to show that their U.S. citizen or lawful permanent resident immediate family member will suffer “exceptional and extremely unusual” hardship if the noncitizen is deported. The noncitizen must also show that they are a person of good moral character and not have convictions for certain crimes. For lawful permanent residents, they must show that they have been an LPR for at least five years, have no less than seven years of continuous physical presence, and no convictions for aggravated felonies. If granted, a noncitizen can receive a green card through this process.

Waivers: For noncitizens who have previously been deported or who have been found inadmissible, waivers provide a way for them to pardon these prior immigration violations so that the noncitizen can continue through the process of obtaining a lawful immigration status in the United States. Pérez Law provides a case-by-case analysis of the documentation required for your family member to obtain this benefit so they can continue in the process of obtaining a lawful immigration status.