1. Adjustment of Status:

A non-citizen can end up in Removal proceedings in a lot of ways. One way is to be charged as an overstay or engaging in acts contrary to the terms of admission. Though in removal the alien can still apply for adjustment of status to that of a Lawful permanent Resident if that person is related to a United States Citizen as a spouse, child, parent or sibling. There are certain conditions to adjustment of status and we will do our best to ensure that those conditions are complied with accordingly.

2. Cancellation of Removal

Cancellation of Removal For Lawful Permanent Residents (Green Card Holder). Permanent Residents who commit any offense that triggers removal, and actually put in removal, may still have the removal cancelled by the Immigration Judge if they meet certain conditions and the offense they committed is not an aggravated felony. This is one in a lifetime relief and one should therefore be very careful in applying for it. The Immigration Judge (IJ) may cancel the removal of an LPR from the U.S. if s/he:(1). Has been a Permanent Resident for 5 years;(2) Has resided in the U.S. continuously for 7 years after having been admitted in any status; and (3) Has not been convicted of an aggravated felony.

Cancellation of Removal For Non-Permanent Residents. (No Green Card)

When an alien has resided continuously in the United states for at least ten years and have been good citizens, they become eligible for the relief of cancellation of removal if they end up in removal. The drawback in this relief is that you cannot cancel your removal unless you are already in one. It is not an easy relief because the applicant will have the Qualifying relative, be clean of any felony and prove that his/her removal will cause extreme and unusual hardship to any of the qualifying relatives -parent, spouse or child.

The Immigration Judge may cancel removal and the applicant may adjust to Lawful Permanent Resident if: (1)s/he have been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of such application. (2) s/he have been persons of good moral character for 10 years;(3) s/he have not been convicted of an offense under INA §§212(a), 237(a)(2) or 237(a)(3); and (4) s/he establish that removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child, who is a U.S. Citizen (USC) or Lawful Permanent Resident LPR.

Asylum

Asylum is both an affirmative relief which means one can apply for asylum without being in removal. It is also defensive when the applicant is already in removal proceedings. One must first be a refugee to qualify for asylum.

Refugee as defined by the INA is any person who is outside any country of such person’s nationality or in case of a person having no nationality, is outside any country in which such person has last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country 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.

Under §208(b) of the INA, the Immigration Judge may, in his or her discretion, grant asylum to an individual who qualifies as a “refugee” within the meaning of INA §101(a)(42). The definition includes the requirement that the asylum applicant demonstrate that he or she is unwilling or unable to return to his or her home country because of past persecution or a “well-founded fear” of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The asylum applicant’s burden of proof is to demonstrate that there is a “reasonable possibility” that he or she will be persecuted. An applicant for asylum may establish a “well-founded fear” by showing that a reasonable person in his or her circumstances would fear persecution.

Asylum also provides more permanent protection than withholding of removal. A person granted asylum, known as an “asylee,” may apply for permanent residency after one year under INA §209 and may eventually become a U.S. citizen. An asylee may also bring his or her spouse and children to the United States

Withholding (Restriction on Removal)

1.Under INA §241(b)(3)(A), an IJ may not remove a person to a country where his or her life or freedom would be threatened because of the person’s race, religion, nationality, membership in a particular social group, or political opinion. The applicant for withholding of removal must show a “clear probability” of persecution or that it is more likely than not that he or she would be persecuted if removed to his or her home country. This standard is more difficult to satisfy than the well-founded-fear standard for asylum. Withholding of removal to a particular country is mandatory if the IJ determines that the applicant’s life or freedom would be threatened in that country.

The grant of withholding of removal, unlike asylum, does not give an individual an automatic right to remain in the United States. He or she cannot apply for permanent residency or bring his or her spouse or children to the United States.

Convention Against Torture (CAT)

1.Relief is available under the Convention Against Torture (CAT) if an individual fears torture at the hands of the government in his or her country, or from individuals who have the acquiescence of that government. The CAT can provide relief if the respondent is not eligible for asylum or withholding of removal under INA§241(b)(3) because of a lack of nexus to one of the five statutory grounds, or because of a bar to asylum or withholding of removal (crime, prior persecutory acts, etc.). Furthermore, the CAT does not require that the applicant show that the torture is “on account of” a specific reason.

Article 3 of the CAT prohibits the return of an individual to a country where there are substantial grounds for believing that he or she would be subject to torture. Specifically, it states that “no state shall expel, return (‘refouler’) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Torture is defined as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or her or a third person information or a confession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind...."

Voluntary Departure:

Pre-Hearing Voluntary Departure
Sometimes, an applicant has no immediate relief available and the best option could be to request to be allowed to go home on his/her own. This makes a lot of sense because the alien gets time to organize his/her affairs, and depart with no one knowing .Also, it gives the alien an opportunity to re-enter the United States and start on a clean slate. An order of deportation will have more far reaching consequences on the person’s ability to re-enter. The alien can obtain VD of up to 120 days if the request is made prior to or at the master calendar or a continued master calendar hearing; provided the person is not convicted of an aggravated felony or is not in removal under security related provisions

Post-Conclusion Voluntary Departure
Persons in removal hearings are eligible for voluntary departure after a final hearing if they meet the following conditions:(1) Must be physically present in the U.S. for at least one year prior to service of the Notice To Appear;(2) Must have the financial ability to post a bond designated by the IJ within 5 days of the IJ's order (the minimum bond the IJ can set is $500); (3) Must be a person of good moral character for at least the 5 years preceding the application for VD; (4) Must not be deportable as an aggravated felon or terrorist; (5) Must not have previously been granted VD after having been found inadmissible under INA §212(a)(6)(A); and (6) Must establish by clear and convincing evidence that they have ability to leave at own expense and that they intend to do so.

The IJ may grant 60 days VD after a final merit hearing. A bond is now required "in an amount necessary to ensure that the alien will depart," but in no case less than $500. It must be posted within 5 days of the IJ's order. If person fails to depart within the time period specified for VD s/he is: (1) subject to a civil penalty of $1,000 to $5,000; and (2) ineligible for a period of 10 years for any further relief of VD, adjustment, cancellation of removal, change of status or registry

Bonds:
Hearings and Payments

We are present at Bond hearings in person to make the best argument for our clients before the Immigration Judge for the lowest possible bond amounts. Bilingual staff are available. Bond hearings can be scheduled in 72 hours.

We get results. We have over 18 years experience in obtaining the lowest possible bond and evaluating cases for all forms of relief. In Arizona call us at 602-324-5320 and in California at 213-487-7260.

Remember, after bond is posted, the detainee is released on his promise to appear at all court hearings. The case continues in a non-detained docket and the detainee MUST appear. Failure to appear at a scheduled hearing may lead to an order of removal, denial of relief from removal and the loss of any bond monies.

Please obtain helpful information in order to obtain the lowest possible bond, such as: alien number(A#), the detainees family ties, how long they have lived in America, work history, immigration history, and criminal record (if any). Documents such as: birth certificates, green cards, marriage certificates, pay stubs, tax returns, property records, and affidavits are helpful.

Remember, after bond is posted, the case continues and the detainee MUST appear. Failure to appear at a scheduled hearing may lead to an order of removal, denial of relief from removal and the loss of any bond monies.

Bond Payment

1.Bonds can be paid at any immigration office in the country. Please see www.uscis.gov or www.ice.gov for a list of local offices and their hours. If the bond is paid near the place of detention, this will usually speed the detainees release.