United States Removal or Deportation Proceedings
Removal proceedings, also known as deportation proceedings, are court processes initiated by the United States government to determine that a foreign national, whether in the country illegally or with a green card, must be removed.
This process is extremely complicated, and the stakes are high. Your chances of successfully fighting a deportation case are significantly higher with the help of an immigration attorney.
The attorneys at Scott D. Pollock & Associates represent clients throughout all stages of removal proceedings. We have experience in a variety of circumstances, including those described below.
Adjustment of Status
An adjustment of status (AOS) is an application for immigrants located in the U.S. who want to change their status to that of a lawful permanent resident. However, AOS can also be used as a defense during removal proceedings.
Foreign nationals who are in removal proceedings and are eligible should consider securing a green card through AOS.
People facing removal proceedings who are unable or unwilling to return to their home country or country of origin due to persecution may be qualified to apply for asylum. Asylum is applicable for foreign nationals who can demonstrate that they have been or will likely face persecution on the grounds of race, religion, nationality, political opinion, or membership in a particular social group.
The asylum application process is different for people who are in the process of being deported than if they were not facing removal proceedings.
Cancellation of Removal
Foreign nationals facing removal proceedings may be able to fight deportation by applying for cancellation of removal. This application can waive certain immigration violations, depending on the circumstances.
If applicants successfully secure a cancellation of removal, they are eligible to keep or obtain permanent residency in the U.S.
Convention Against Torture
Convention Against Torture (CAT) is an extremely rare grant of protection. CAT is intended for foreign nationals who fear torture in their home country or country of origin, either by the government or with the acquiescence of the government.
Foreign nationals who are legally ineligible for withholding of removal and asylum may find CAT as their only option for remining in the U.S.
INA 212(h) Waivers
212(h) waivers are part of the Immigration and Nationality Act (INA). Generally used alongside AOS, they authorize discretionary waivers of certain inadmissible crimes. INA 212(h) waivers are often used for people who are inadmissible to the U.S. due to criminal convictions.
These waivers can provide a deportation defense if applicants prove they have been rehabilitated, they are not a threat to national welfare and safety, and the criminal activity in question occurred more than 15 years before they applied for entry into the U.S.
Through voluntary departure, people facing removal proceedings can leave the U.S. of their own volition, rather than being formally deported.
Voluntary departure has several benefits over a removal order, the most prominent of which is that it does not lead to ten years of inadmissibility.
Withholding of Removal
Withholding of removal is intended for foreign nationals who can prove there is a significant chance they will be persecuted in their home country or country of origin upon return. Anyone granted withholding of removal is protected from being deported to the country where they fear persecution.
This option is inferior to asylum in several ways, but certain crimes that disqualify applicants from securing asylum do not make them ineligible from withholding of removal.
Contact an Attorney Today
At Scott D. Pollock & Associates, we are here to provide you with the high-quality and affordable representation you need to fight against removal proceedings.
Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve helped guide thousands of clients facing deportation through the process of navigating the American immigration system.
Contact a member of our team today at 312.444.1940.