What can I do if I have been placed in deportation/removal before Immigration Court? What can I do if I have been placed in deportation/removal before Immigration Court? Possible forms of relief:
- Waivers of Excludability and Deportability You will have to establish hardship to a particular family member.
- Cancellation of Removal If you are approved for cancellation of removal it would grant you lawful permanent residency. However, a denial would result in deportation. The immigration judge will balance certain positive factors against negative factors in determining whether you should be permitted to remain in the U.S.
- Adjustment of status to permanent resident If you are in deportation you may still qualify to apply for permanent residence if you have a qualifying family member.
- Political Asylum If you have a well founded fear of persecution if you return to your home country you may apply for asylum.
- Withholding of Deportation Similar to asylum but it does not permit you to apply for permanent residence after one year. It only prevents you from being deported.
- Voluntary Departure In most cases, if there is no special relief available to stop the deportation, then you may qualify to apply for voluntary departure. A grant of voluntary departure will allow you to return to the U.S. at a later date. A final order by the immigration judge may be appealed to the Board of Immigration Appeals and in some cases even to the U.S. Court of Appeals.
My case is still pending and it’s been over one year, is there anything I can do?
Possible forms of relief:
- Writ of Mandamus if your application has been pending with the Immigration Service beyond a reasonable time with no response, we can help by filing a petition in Federal Court forcing the Immigration Service to render a decision in your case. Seek only the assistance of an experienced attorney.
At the law firm of Sukkar & Associates, we provide skilled guidance and effective legal representation concerning U.S. immigration to clients throughout the United States and across the world.