deportation signJust because you have received the dreaded Notice To Appear before a judge immigration court does not mean that your only option is to leave the United States. The experienced immigration attorneys of Pobjecky & Pobjecky, LLP can assist you in seeking the following relief in Immigration Court.

Cancellation of Removal

A non-permanent resident, who is inadmissible or deportable from the United States may receive a cancellation of removal and adjustment of status if the following criteria is met:

  • You have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
  • You are a person of good moral character during such period;
  • You have not been convicted of an offense under section 212(a)(2),
    237(a)(2), or 237(a)(3) of the Immigration & Nationality Act, and
  • You can establishes that removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Asylum/Withholding of Removal

In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return your country of nationality because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution.

If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status.

Your asylum application is also considered to be an application for withholding of removal under section 241(b)(3) and may also be considered an application for withholding of removal under the Convention Against Torture.  Even if your asylum is not granted, you may still be eligible for withholding of removal.

Voluntary Departure

The Attorney General may permit you to voluntarily depart the United States at your own expense instead of being subject to proceedings under section 240 or prior to the completion of such proceedings.  This relief allows you to depart voluntarily under your own terms within up to 120 days.

Relief is also available for victims of domestic violence, crimes and trafficking.

Let Us Help You

Please contact us so that we may analyze your case and effectively assist you with your immigration needs.

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Photo by Neon Tommy / CC BY