There is no simple answer to this question. For non-US citizens there are several ways an individual may find themselves in removal (also known as deportation) proceedings. Some examples include:
Removal proceedings begin with the Department of Homeland Security (DHS) filing a ‘Notice to Appear’ with the immigration court. This document will list factual allegations as to why the government deems it necessary to remove the foreign national from the United States, as well as include removability charges against the individual under certain clauses of law.
It is critical that a person facing removal meet with an experienced deportation defense attorney to discover all defenses or forms of relief available.
Cancellation of Removal:
There are two forms of cancellation of removal under Immigration and Nationality Act 240A:
(a) Cancellation of removal for certain permanent residents (240A(a)); and
(b) Cancellation of removal and adjustment of status for certain nonpermanent residents (240A(b)).
(a) Cancellation of removal for certain permanent residents may occur in the case of an alien who is inadmissible or deportable from the United States if the alien--
(1) has been an alien lawfully admitted for permanent residence for no less than 5 years
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony
If you are a permanent resident in removal proceedings, please contact us today. There may be other forms of relief or defenses available to you in addition to cancellation of removal.
(b) Cancellation of removal and adjustment of status for nonpermanent residents may occur if the alien--
(1) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(2) has been a person of good moral character during such period;
(3) has not been convicted of an offense under section 212(a)(2), 237(a)(3) [8 USCS 1182(a)(2), 1227(a)(2), or 1227(a)(3), (Some of the criminal activity includes, crimes involving moral turpitude, drug offenses, violent crimes, etc.. Please contact an immigration attorney if you have ANY criminal history) subject to paragraph (5) and;
(4) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.
First and foremost, our legal team at Mubarak Law is committed to assert any possible defenses to removability. Since the risk of facing deportation can pose a threat to you and your loved ones, it is our focus to protect your rights and fight in your best interest. If our fight is successful, the deportation case will be terminated by the court, and the process of removal cancelled. Otherwise, the government will establish removability, and the individual will be ordered removed from the United States. For this reason, it is essential to have a highly experienced attorney represent you throughout the proceedings.
Right to appeal:
If you need help with any type of immigration matter or need additional information regarding deportation, please do not hesitate to call us today at (407) 502-3000. You may also fill out our online form and we will get back to you shortly. We have a 24-hour emergency service and offer a free initial phone consultation. We can assist you in English, Arabic and Spanish.
August 26, 2016
★★★★★ Posted in Facebook by Tyler Kobylinski
The leader for immigration issues. Has helped my family a ton ranging from detention to deportation.
May 7, 2015
★★★★★ Posted in AVVO by Nerissa
I was one of Mr. Mubarak's first client. Attorney Mubarak is TRUSTWORTHY, PROFESSIONAL, AND VERY KNOWLEDGEABLE. My husband's case very difficult. Our family were living in fear of losing my husband to deportation. I could not imagine how I would have managed with our 2 children if my husband wasn't here with us. We struggled with this case and went to three different attorneys, until we met ATTORNEY MUBARAK at NEJAME LAW. Attorney Mubarak is a KIND, PATIENT, and definitely the most HARD WORKING Attorney we have ever met. He was always there to calm our fears with his knowledge of the law. I have no hesitation in recommending Attorney Mubarak. He is dedicated and loyal and he is willing to go the distance for his clients. He certainly did his very best for us. Today our family is together and stronger because of Attorney Mubarak. We will always be grateful for his presence in our lives. God led us to him!
105 E. Robinson St. suite 307
Orlando - Florida 32801
Tel: 407 502-3000
Fax: 407 650-3308