Immigration Law

Removal Defense

“Removal” is another word for deportation. “Removal proceedings” refers to the process of appearing before the Immigration Judge in Immigration Court to determine if you are allowed to stay in the United States.

A person may be removed or deported from the United States for many different reasons. These include, but are not limited to, the following:

• Illegal entry to the United States. This includes entering without inspection, also known as EWI.
• Lawful entry to the United States, but overstayed a visa
• Commission or conviction of certain crimes
• Fraud issues

At Maris Immigration Law we have more than 40 years of experience in helping people through this process. First we can fight your removal on legal grounds if possible. We can also ask the judge to allow you to stay in the United States if you are eligible for one of the following forms of relief to removal.

Forms of Relief to Removal

There are many different forms of relief that may be available to someone in removal proceedings. These include, but are not limited to, the following:

Adjustment of Status

Adjustment of status refers to obtaining lawful permanent resident status (a green card) for someone who is physically present in the United States and has an approved family or employment petition.

Cancellation of Removal

This form of relief is available for persons who can show the following:

• 10 years of continuous physical presence in the U.S.;
• 10 years of good moral character;
• Is not barred due to certain criminal acts; and
• Can show exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident parent, spouse, or child.

Cancellation of Removal for Lawful Permanent Residents

This relief is available for lawful permanent residents who meet the following conditions:

• Has had lawful permanent resident status for at least 5 years;
• Has been continuously physically present in the U.S. for at least 7 years; and
• Is not barred by certain criminal acts.

VAWA Cancellation of Removal

This relief is available for persons who meet the following requirements:

• Has resided continuously in the United States for three years;
• Suffered physical or emotional abuse by a U.S. citizen or permanent resident spouse, parent, or child;
• Is not barred by certain criminal acts;
• Can show extreme hardship to the applicant and/or applicant’s U.S. citizen or lawful permanent resident parent, spouse, or child; and
• Is a person of good moral character

Asylum/Withholding of Removal

If you have been harmed in your country in the past or think you would be harmed in your country in the future, you may be able to apply for asylum in the United States. To be eligible for asylum, you will have to establish that you were or would be harmed either by your country’s government or somebody that your government cannot control. You have to establish that you were or would be harmed because of your race, religion, nationality, political opinion or membership in a particular social group.

Other Waivers

There may be other waivers of removal available to you. Please call us if you required to go to Immigration Court. If relief is available we will help you in your defense so that you can continue to stay in the United States.