IMMIGRATION COURT

If you have been been given a “Notice to Appear” in Immigration Court, you have been or will be placed into removal proceedings. There are various defenses to removal including Cancelation of Removal, Asylum, Withholding of Removal, Convention Against Torture, and more.

Cancelation of Removal for LPR

If you are a permanent resident and find yourself in removal proceedings, you may be eligible for a form of relief called Cancellation of Removal for Lawful Permanent Residents. To qualify, you must prove that you:

  • have been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed,

  • continually resided in the U.S.for at least seven years after being admitted in any status prior to being issued Notice to Appeal with a time, date and location of your first hearing,

  • have not been convicted of an aggravated felony,

  • have not received cancellation of removal or 212(c) relief in the past, and

  • as a matter of discretion, deserve to win your case and keep your green card.

Cancelation of Removal for non-LPR

If you are not a permanent resident and are in removal proceedings, you and your legal representative will want to consider if you qualify for Cancelation of Removal for Non-Permanent Residents. To qualify, you must show that you:

  • were physically present in the United States for 10 years prior to the issuance of a Notion to Appear with a time, date, and location of your first hearing,

  • have had good moral character for the past 10 years and have not been convicted of certain crimes

  • and that your U.S. citizen or Permanent Resident spouse, child* or parent would suffer exceptional and extremely unusual hardship if you are removed.

* U.S. immigration law limits the classification of “child” to those under 21 years old.

Special Cancelation of Removal

The Violence Against Women Act (VAWA) provides for a benefit called “Special Cancelation of Removal.” This benefit is available to non-permanent residents and permanent residents alike who were abused physically or psychologically by a U.S. citizen or Permanent resident spouse or parent. To qualify, you must show that:

  • you were battered or subject to extreme cruelty by a USC or LPR spouse or parent,

  • you have been continuously physically present in the United States for at least 3 years prior to applying,

  • you have been a person of good moral character for those 3 years,

  • you are not inadmissible for some specific reasons outlined in the Immigration and Nationality Act, and

  • your removal would result in extreme hardship to you, your child, or your parent.

Asylum and Withholding of Removal

If you are in removal proceedings and have a fear of returning to your country of origin, you should hire an experience immigration attorney to explore if requesting asylum or withholding of removal makes sense for you. In order to win your asylum claim, you must show that you have a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. You must also show that the government in that country is unable or unwilling to protect you, or that you are unable or unwilling to avail yourself to that government aid.

Applicants for asylum must shared detailed accounts of what they experienced in their country of origin. Because of this vulnerability, we at the Law Office of N.J. Saleh want to stress that we are a LGBTQIA-friendly office, and we accept individuals from all religions, races, and political opinions. You can count on us to hold your story in confidence and treat you with respect.