Facing deportation?
We are here to help

If you are a foreign-born person who has been living in the U.S. without legal status for a long time, and you have been placed into removal (deportation) proceedings, you may be eligible for what’s called “Non-LPR Cancellation of Removal” and a green card. The conditions for this form of relief from deportation are as follows:

1. You have been living (“continuously physically present”) in the U.S. for at least ten years.
2. Your being removed (“deported”) from the U.S. would cause “exceptional and extremely unusual hardship” to your qualifying relative(s), who is (or are) U.S. citizens or lawful permanent residents (LPRs).
3. You can show that you have “good moral character.”

You have not been convicted of certain crimes or violated certain laws

Not even lawful permanent residents (green card holders) are safe from removal proceedings and ultimately deportation. Convictions for certain types of crimes is a particularly common way that lawful permanent residents can become inadmissible and/or deportable, which will lead to being placed into removal proceedings.

If you are a lawful 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. This relief is available only for people in Immigration Court, before an Immigration Judge. It allows you to retain your green card. In order to succeed, however, 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
• have continually resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered (discussed further below)
• 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.

If you are the spouse, widow, parent, or child of a U.S. citizen, you may be able to apply to the Immigration Judge to have your status adjusted to lawful permanent residency.

A Bond Redetermination hearing is a distinct process from an actual immigration case which is held solely for the purpose of determining if a individual is eligible to be released from detention and fight their case outside with their family instead of being locked up the whole time the immigration case is in court.

What we do at our firm is after a client has been detained and their family has signed up for our services, we enter as attorney of record, letting the court know that we want a bond redetermination hearing, and submit a bond packet with all the relevant information necessary to assist the judge in determining whether, and at what amount, to set a bond. Things like birth certificates for USC/LPR parents, spouse, or children, medical records, utility bills, certificates or report cards, photos of friends and family, and letters of recommendation, are often helpful in getting an individual released on bond or have an unreasonably high bond lowered to something a person can actually pay.

Aside from the bond packet, an immigration judge will also look at the reason the person has been detained, their criminal record, whether they have been a person of good moral character while in the US, their work history, whether they have paid taxes, and how strong or weak their case is. If the judge decides a person is a danger to the community or a flight risk (meaning they will not likely show up at the next court date if released) then no bond might be set, or it might remain at the previously set number.

If the bond is reduced, the respondent’s family then has to come up with the money in the form of a cashier’s check or money order, and pay to secure their release. The money is not gone, rather, it is used to insure that the respondent presents at all future court dates, and is returned at the end of proceedings, regardless of whether they win or lose the case. The money is returned to the person who pays the bond, not the person whose name is on the case. If the respondent does not leave, or fails to check in with ICE before leaving, the money could be forfeited. Furthermore, just paying the bond does not mean you are free for the rest of the case- if a respondent gets in trouble while fighting their immigration case, and faces jail time, the immigration bond is forfeited and a new bond must be posted.

Obviously, if detained, the goal is to get out of custody and fight the case as a free person, surrounded by family and loved ones.

Fraud / 212(I) 

Under section 212(a)(6)(C)(i) of the Act, an alien who, by fraud or willful  misrepresentation of a material fact, seeks to procure, has sought to procure, or has procured a visa, other documentation, or admission into the United States or other benefit provided under the Act, is inadmissible. However, the Attorney General (the immigration service)  may waive the application of section 212(a)(6)(C)(i) of the Act in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of the alien would result in extreme hardship to the citizen or lawful resident spouse or parent of the alien. INA 212(i).

Criminal Conduct / 212(H)

Section 212(h) of the Immigration and Nationality Act provides that the Attorney General may, in his discretion, waive the application of crimes involving moral turpitude, multiple criminal convictions), prostitution and commercial vice, certain aliens who have asserted immunity from prosecution, and an offense of simple possession of 30 grams or less of marijuana.

Past Criminal Conduct / 212(C)

If you are a legal permanent residence of the United States and have been placed in removal proceedings due to criminal activity, you could seek a waiver of your convictions and avoid deportation. Your eligibility to apply for a waiver is based on the type of crime you committed and the date on which you were convicted. Certain lawful permanent residents can apply for discretionary relief under section 212(c) of the Immigration and Nationality Act.