Removal Defense

Removal DefenseIf you are currently living in the United States and are potentially subject to removal, such as through deportation, we can help. There are a number of removal defense options which may allow you to remain in the United States temporarily or permanently.

Cancellation of Removal

Non-LPR

If you are in removal proceedings, and you are a foreign born individual and have been living in the United States for a consecutive ten-year period without legal status, you may be eligible for “Non-LPR Cancellation of Removal” and a green card. There are a number of criteria you must meet in order to qualify for Non-LPR Cancellation. However, even if you meet all of the basic requirements, the immigration judge still has a lot freedom (“discretion”) to decide whether or not to approve an application for cancellation. Therefore, it would be best to consult an experienced immigration attorney before attempting to apply on your own.

LPR

If you currently have a green card and permanent resident status, but are subject to removal proceedings due to a criminal conviction, you may be eligible for cancellation of your removal if you meet certain basic eligibility requirements. This kind of cancellation of removal request is also heard before an immigration judge, and for this reason you will likely have your best chance of a successful outcome by working with a qualified experienced attorney. Contact us for more details.

Asylum and Withholding of Removal

There are two paths to applying for asylum: “affirmative”, which we spoke about above, and “defensive”. The difference between the two is that affirmative asylum-seekers are yet to begin the deportation process in the courts. These individuals would present their case in a non-courtroom setting, such as in an immigration office before an asylum officer. If you are in removal proceedings, you are applying defensively. Defensive asylum-seekers are defending themselves in immigration court before a judge. While seeking asylum, it is also a good idea for you to apply for withholding of removal. When granted, your withholding of removal petition which will stop the U.S. government from deporting you to your home country if your life or freedoms may be threatened due to your being part of a protected class, including your race, national origin, and political opinion.

Convention Against Torture

Under the Convention Against Torture removal deferral program you may be able to defer your removal from the United States if it is found that your removal to your country of origin will more likely than not result in your being tortured or otherwise seriously hurt.

Prosecutorial Discretion

Under U.S. immigration law Immigration and Customs Enforcement (ICE) is given wide discretion over how it prosecutes immigration cases. Such prosecutorial discretion, when used in your favor, can result in such beneficial outcomes as ICE asking a judge to allow you more time to gather evidence for your trial, or even ICE asking a judge to administratively close your case, effectively allowing you to stay in the country. Securing a beneficial outcome due to prosecutorial discretion usually takes experience working with the immigration law system.

Why Choose Us

U.S. immigration law is complicated. Making one mistake when filling out a form or in an interview with a U.S. immigration official, can make the difference between a successful outcome and having your petition denied. At Lacroix Ramos, Attorneys at Law, LLP our immigration attorneys fight hard to help you and your family achieve your immigration goals. Located in White Plains, NY – serving clients in Westchester, Fairfield & New York City, we are here to help.

Contact us today in order to discuss your case and learn your legal options.