NEW YORK CITY AND WESTCHESTER DEPORTATION AND DETENTION LAWYERS
Our White Plains immigration and deportation lawyer, Joseph Ramirez, Esq., has represented thousands of detained aliens in New York. As an experienced New York deportation lawyer, Mr. Ramirez has an excellent record in preparing bail applications for detainees and in litigating in the immigration courts to secure the freedom of detained aliens. He has also vindicated the rights of countless aliens seeking Political Asylum, Withholding of Removal and Cancellation of Removal as well as relief under the United Nations Convention Against Torture(CAT).
PREVENTING DEPORTATION THROUGH ASYLUM
Under U.S. immigration Law, you may be able to apply for political asylum if you have a fear of persecution on account of race, national origin ,religion, political opinion and membership in a particular social group, including sexual orientation. The term membership in a particular social group has been determined to include gays and lesbians. People who are eligible for asylum are also generally eligible for Withholding of Removal, especially if they are from countries that are intolerant or violent to such lifestyles. You may be able to avoid deportation or removal from the United States if you have a fear of torture in the country of potential removal. The torture need not be based on any of the protected grounds specified in political asylum and withholding of removal. Other examples include paramilitary groups, such as the F.A.R.C., in Columbia or oppression of free speech, such as in Venezuela.
CANCELLATION OF REMOVAL
If you have been physically present in the United States for at least 10 years, you may be eligible for Cancellation of Removal. To qualify for this form of relief, in addition to the physical presence requirement, you must show that your removal from the United States would cause hardship to US citizen or Legal Permanent Resident relatives such as children, spouses, parents, or siblings. Our Westchester deportation attorney has handled numerous cases involving cancellation of removal. These cases are especially strong, where the immigrant is the sole support for the household, or a child has a disability. The effect on a U.S. citizen child of losing a parent’s guidance is also a relevant consideration. There are two separate categories of cancellation of removal. One is for permanent residents, which usually comes into play, when a permanent resident leaves the country and immigration finds a criminal conviction. The other category of cancellation of removal is for undocumented immigrants and those who are in any other status other than a permanent resident. A summary of the different requirements is as follows:
- 7 YEAR CANCELLATION OF REMOVAL (INA Sec. 240A(a))You may be eligible for 7 year cancellation of removal if you are a lawful permanent resident in removal proceedings. The requirements are that you must have been a lawful permanent resident for 5 years at the time the application is filed, must have continuous residence in the United States for at least 7 years after being admitted in any status.
- 10 YEAR CANCELLATION OF REMOVAL if you are not a permanent resident you may still be eligible for 10 year cancellation of removal. The requirements are that you must have sufficient proof of continuous physical presence in the United States for at least 10 years before the stop time rule. Brief departures outside the US may not be a bar. You must be able to demonstrate “good moral character.” Certain activities as a whole may show that you lack good moral character. Finally, you have a lawful permanent resident or US citizen spouse, parent of child under the age of 21 who will suffer extreme and exceptional hardship if you are deported. Proving extreme and exceptional hardship is very difficult and you need expert and skilled attorney like Mr. Ramirez to have your application approved.
ADJUSTMENT OF STATUS
If you have a US. Citizen, spouse, parent or you are a child under the age of 21 in removal proceedings and have a US citizen parent you may be eligible for adjustment of status. Your relative would need to file an I 130 petitions and the petition must be approved. After approval you may file form I 485 and adjust status. You may also be eligible for adjustment of status if you have an employment base petition approved. In order to be eligible for adjustment of status you must have entered the United States initially legally and inspected by immigration officials. You must have no history of crimes of moral turpitudes (other than one petty offense), any drug offenses, or any immigration fraud and has not departed the country after being present for more than 180 days without permission.
In family based cases the Petitioner signs a binding affidavit of financial support (Form I 864) and if necessary a joint sponsor who is a US citizen or permanent resident.
This is a very simplified summary of the many technical requirements of the adjustment of status process. Our attorney will guide you through this process to have you successfully adjusted and receive your green card.
Our Westchester office is conveniently located in downtown White Plains, and allows our immigration and deportation lawyers to effectively represent clients from the highly populated immigrant communities of White Plains, Yonkers, Ossining, Mount Vernon, Port Chester, Mamaroneck, New Rochelle, Elmsford, Peekskill and Poughkeepsie. Our office is also a short drive or train ride from the Bronx.