If you are a non-citizen, meaning that you are a legal permanent resident or have some sort of temporary non-immigrant visa, or if you are undocumented in the country, you could be subject to removal from the country. The Immigration and Nationality Act (INA) defines the grounds of inadmissibility or removability. Inadmissibility means you are not authorized to enter or remain in the United States. Removability means you are authorized to be in the United States but have violated a section of INA that makes you subject to removal. The commission of a criminal offense is one of the most common actions that could force an individual into the deportation process swiftly. There are certain kinds of criminal convictions that result in automatic removal. An arrest or conviction for aggravated felonies, crimes of violence, controlled substance violations, and crimes involving moral turpitude can all lead to removal. Many types of other crimes can compromise one’s status or cause the government to begin taking steps to remove them from the country. Whatever your situation, we can likely help. If you need the best Edinburg, TX Deportation Defense Lawyers, call us today and let us get started on your case.
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Types of Relief from Removal
Relief from removal may be available to undocumented immigrants in certain situations. Let’s look at a few (but not all) of the options that may be available for those who seek relief from removal.
The US government may possibly grant asylum to individuals who fear persecution or violence in their home country. Asylum would provide legal status in the US, could offer a work permit, and maybe the possibility of an eventual green card.
Family-Based Adjustment of Status
Through this process you may be able to change from nonimmigrant to immigrant status and thereby acquire legal status in the United States via a family member, in most cases a US citizen. Exceptions and requirements exist, so speak to your immigration attorney to fully understand all the nuances of this potential option for relief.
Withholding of Removal
Withholding is similar to asylum, but not easy to obtain. With this option you would have to demonstrate that it is highly likely that you would be persecuted back in your home country were you to return to it. Additionally, recipients are often ineligible for permanent residency or even travel outside of the United States. Talk to your immigration attorney to learn more.
Protection Provided Via the Convention Against Torture (CAT)
Protection via CAT would only be available if it is ‘more likely than not’ that the individual’s government back home, or a person or group, would in fact torture that person if they were to return to their home country. CAT recipients typically are given permission to remain and work within the United States.
Cancellation of Removal for Individuals Who Aren’t Lawful Permanent Residents
For some, this option is their best option. Through this option one might be able to obtain a green card, providing they can demonstrate they have accrued a minimum of ten years’ real and physical presence within the US, and can show that their removal would cause extreme hardship to a relative, such as a spouse, child, or parent who is a citizen of the United States or permanent resident of the United States.
Other potential options are as follows:
- Cancellation Under the Violence Against Women Act (VAWA)
- Voluntary Departure
- Deferred Action
- Prosecutorial Discretion
- Private Bills
If you or a loved one need deportation and removal defense in Edinburg, TX, contact R. Ramirez Attorneys and Counselors. We will take the time to explain every option you have available and we’ll work tirelessly to achieve your immigration goals.