Removal Defense

Bond Hearings: Securing Your Freedom

If you or someone close to you has been detained by Immigration and Customs Enforcement (ICE), you might feel scared and uncertain about what comes next. The first step towards reclaiming freedom and returning to your life is often securing a reasonable bond. We deeply understand the stress and urgency of these situations, and we are here to fight tirelessly for your release.

The Importance of Bond Hearings

A bond hearing is a critical opportunity to argue for your release from detention while your immigration case is processed. It’s a chance to present evidence that you are not a flight risk or a danger to the community, which are key considerations for the judge when setting a bond amount.When you’re detained, the prospect of navigating complex legal processes can be overwhelming.

We start by thoroughly assessing your situation to tailor our approach effectively. We then gather compelling evidence and testimonies that support your case, demonstrating your ties to the community and any factors that weigh in favor of your release. At the bond hearing, we advocate on your behalf, presenting the evidence clearly and persuasively. Our goal is to secure the lowest possible bond amount, making it easier for you and your family.

Cancellation of Removal is a lifeline for certain non-citizens who have built a life in the U.S. and can demonstrate good moral character. There are two types of Cancellation of Removal: one for lawful permanent residents (42A) and one for non-lawful permanent residents (42B). We will help you determine which type applies to your situation, gather the necessary evidence, and present a compelling case to the immigration judge, emphasizing the extreme hardship your deportation would cause to your family.

Cancellation of Removal for Lawful Permanent Residents (42A)

What if I’m facing removal as a Legal Permanent Resident?

Facing removal from the United States as a lawful permanent resident is a frightening experience that can leave you and your family feeling uncertain and overwhelmed. However, there is a form of relief that may allow you to remain in the country and retain your green card: Cancellation of Removal under section 42A of the Immigration and Nationality Act (INA).

What is Cancellation of Removal 42A?

Cancellation of Removal 42A is a form of relief available to lawful permanent residents (green card holders) who are facing deportation due to certain criminal convictions or other violations of immigration laws. If granted, this relief allows you to keep your permanent resident status and remain in the United States, despite the grounds for removal.

Who Qualifies for Cancellation of Removal 42A?

To qualify for Cancellation of Removal 42A, you must meet the following criteria:

• Lawful Permanent Resident Status: You must be a lawful permanent resident of the United States.
• Continuous Residence: You must have resided in the U.S. continuously for at least seven years after having been lawfully admitted.
• Good Moral Character: You must demonstrate good moral character during the period required for continuous residence.
• No Disqualifying Offenses: Certain criminal convictions, such as aggravated felonies, can disqualify you from eligibility for Cancellation of Removal 42A. It's crucial to have your case reviewed to determine your eligibility.

The Process: Our team will guide you through every step of the Cancellation of Removal 42A process. We’ll assist you in completing and filing the necessary forms, ensuring that all documentation is accurate and comprehensive. We’ll work closely with you to gather strong evidence that demonstrates your eligibility, including your continuous residence, good moral character, and any other relevant factors. Our goal is to represent you effectively and present your case in the most compelling way to the immigration judge.

Benefits: If granted, Cancellation of Removal 42A allows you to retain your lawful permanent resident status and remain in the U.S. It offers the opportunity to stay with your loved ones and continue building your life in the United States, free from the fear of deportation.

Cancellation of Removal under 42(b):

What if I’m facing removal and my family will experience severe hardship if I’m not here?

Facing removal from the United States as a non-lawful permanent resident can be an incredibly frightening experience that leaves you and your family feeling vulnerable and overwhelmed. However, there is a form of relief that may allow you to remain in the country and avoid deportation: Cancellation of Removal under section 42B of the Immigration and Nationality Act (INA).

What is Cancellation of Removal 42B?

This form of relief is available to individuals facing deportation who have lived in the U.S. for a significant period and can demonstrate that their removal would cause extreme hardship to themselves or their family members who are U.S. citizens or lawful permanent residents. We understand how crucial it is to show these elements clearly.

Who Qualifies for Cancellation of Removal 42B?

• Continuous Physical Presence: You must have been physically present in the U.S. for at least 10 years prior to applying.
• Good Moral Character: You must demonstrate good moral character during those 10 years.
• No Disqualifying Offenses: Certain criminal convictions can disqualify you from eligibility for Cancellation of Removal 42B.
• Exceptional and Extremely Unusual Hardship: You must prove that your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.

The Process: Our team will guide you through every part of the application process. We’ll help you complete and file the necessary forms and work closely with you to gather the evidence needed to prove your case. We’re committed to representing you effectively and presenting your situation in the best light to the immigration judge.

Benefits: If granted, this relief allows you to remain in the U.S. and could lead to lawful permanent residency. It offers a chance to stay with your loved ones and continue contributing to your community.

Defensive Asylum Process

If the thought of returning to your home country fills you with fear due to the risk of persecution, please know that you're not alone. We deeply understand the gravity of your situation and the courage it takes to seek help. We're here to support you every step of the way.

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a "refugee," which includes individuals who have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

The defensive asylum process is for individuals who are in removal proceedings and seek protection from being deported to a country where they fear persecution. This is done in front of an immigration judge, and we're here to provide the guidance and support you need during this stressful time.

Who Qualifies for Defensive Asylum?

You may qualify for defensive asylum if you meet these criteria:

• Fear of Persecution: You must have a credible fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group.
• Active Removal Proceedings: You are already facing removal and need to present your asylum case before an immigration judge.

The Process

We’ll assist you throughout the defensive asylum process by:

• Preparing Your Case: We begin by evaluating your unique story in detail. Together, we'll gather all necessary evidence, which may include personal testimonies, medical records, expert witnesses, and country conditions reports that corroborate your claim of persecution or hardship.

We then meticulously prepare your application, ensuring that every element of your narrative is clear, compelling, and thoroughly documented. Our goal is not just to meet the legal requirements but to present a narrative that resonates with empathy and authenticity.

We take the time to listen to your story and understand the specific threats you face. Your concerns become our mission. We then craft your application with precision, tailoring our approach to highlight the strengths of your case. From the initial application to court appearances, we stand by your side. Our team will advocate passionately on your behalf, arguing your case before the immigration judge.

• Representation in Court: We’ll represent you during immigration court proceedings, helping to present your case effectively and advocate on your behalf.
• Guidance and Support: Our team will support you throughout each step, making sure you understand what to expect and preparing you for your court hearings.

Benefits

If granted asylum, you will be protected from deportation and can apply for a green card after one year, providing you with safety and a path toward permanent residency.

Appeals and Motions: Guiding You Through Complex Challenges

If you've received an unfavorable decision in immigration court, it might feel like you're at a dead end, but that’s not necessarily the end of the road. We truly understand how deeply such decisions can impact you and your family.

If you believe there’s been an error in your case, we can file an appeal. This means we'll ask a higher authority, like the Board of Immigration Appeals, to review the judge's decision. Our job is to point out where things might have gone wrong and to argue for a different outcome.

Sometimes new evidence emerges, or circumstances change that could affect your case. We can file motions to reopen your case under these new conditions, or motions to reconsider if we believe the law wasn’t applied correctly.

We take care of gathering the right documents, finding additional evidence, and crafting strong legal arguments. From writing your appeals or motions to representing you in further hearings, we're with you at every step. We advocate fiercely for your interests, making sure your voice is heard and respected. We promise to keep you updated and informed throughout the process. We know the legal world can seem like a hurdle. We strive to make it clearer for you, explaining each step and what it means for your case.

We are here to help

If you are facing deportation, time is of the essence. Contact us today for a consultation. Let us be your defense in these uncertain times, fighting for your right to stay in the United States and ensuring you have the best chance of a positive outcome

Adjustment of Status Through Immigration Court:

If you’re already in removal proceedings or facing deportation, you might still be eligible to apply for lawful permanent residency. This can apply to those with an approved immigrant petition, eligibility under special provisions, or those who have been granted asylum or refugee status.*

We know that trying to navigate the adjustment of status process through immigration court can be incredibly confusing and overwhelming. With so many steps involved, it’s easy to feel lost. We’re here to help you understand your options and guide you through each stage.

The Process:

We’ll be with you every step of the way. We’ll help you file Form I-485, Application to Register Permanent Residence or Adjust Status, and gather all the necessary documents. If your case needs to be addressed in immigration court, we’ll prepare you for hearings and make sure all legal requirements are met to support your application.

Benefits:

Successfully adjusting your status means you’ll become a lawful permanent resident, allowing you to live and work legally in the United States. We’ll also help you understand if your spouse or children can benefit from your case and assist them with their applications if needed.

We know that trying to navigate the adjustment of status process through immigration court can be incredibly confusing and overwhelming. With so many steps involved, it’s easy to feel lost. We’re here to help you understand your options and guide you through each stage. Our office is here to support you through every step of the process. Contact us today to discuss your situation directly with our team.

Stay of Removals: Protecting Your Presence in the U.S.

A Stay of Removal is a legal tool that temporarily halts the deportation process, giving you additional time to present your case or comply with legal proceedings. This intervention is crucial for those who are at imminent risk of being removed from the United States but have compelling reasons to stay.

How We Help:

We start by assessing your situation to determine if a Stay of Removal is applicable. This includes reviewing the reasons for your pending removal and identifying any legal grounds that might support your request to remain in the country.

If a Stay of Removal is the appropriate action, we prepare and file the necessary documentation with Immigration and Customs Enforcement (ICE) or the appropriate immigration court. Our experience ensures that your application is filled out correctly and persuasively, addressing all relevant legal points.

We help you gather and organize compelling evidence to support your case. This might include personal testimony, documentation of family ties in the U.S., evidence of employment, or other factors that demonstrate your integration into the community and potential hardships if deported.

Should your case require a hearing, we provide full legal representation. We advocate on your behalf, presenting your situation and arguments to the authorities to maximize the chances of a favorable outcome.

Why You Might Need Our Help

Immigration laws and procedures can be complex and challenging to navigate alone. Our expertise in immigration law allows us to handle your case effectively and with the necessary attention to detail. Situations requiring a Stay of Removal are often time-sensitive.

Quick and precise actions are crucial to prevent removal. We ensure that all filings are done promptly and correctly. Facing removal can be one of the most challenging experiences for you and your family. Having a skilled legal team by your side can provide the assurance and support you need during this difficult time.

Waivers in Immigration Court

If you’re facing removal from the United States due to a past criminal conviction, you may feel like your options are limited. However, for some lawful permanent residents, the 212(c) waiver can offer a path to relief, allowing you to remain in the country despite previous offenses.

What is a 212(c) Waiver?

The 212(c) waiver is a form of relief that is available to lawful permanent residents (green card holders) who have committed certain crimes and are facing deportation. It remains available to those whose criminal convictions occurred before the repeal in 1996 and meet specific eligibility criteria. The waiver can allow individuals to avoid deportation and maintain their lawful permanent resident status despite past convictions.

Who Qualifies for a 212(c) Waiver?

To qualify for a 212(c) waiver, you must meet the following criteria:

• Lawful Permanent Resident Status: You must be a lawful permanent resident of the United States.
• Time Spent in the U.S.: You must have lawfully resided in the U.S. for at least seven consecutive years.
• Conviction Before 1996: Your criminal conviction must have occurred before the 1996 changes to immigration law.
• No Aggravated Felonies

It’s important to have your case reviewed to determine if your conviction qualifies.

The 212(c) Waiver Process in Court

We begin by carefully evaluating your immigration and criminal history to determine if you are eligible for a 212(c) waiver. This includes reviewing the details of your conviction and the timing of your residency in the U.S.

Our team will help you gather the necessary documentation and evidence to support your waiver application. This may include records of your criminal case, evidence of your good moral character, and statements from family, employers, and community members demonstrating your positive contributions and rehabilitation.

We will represent you in immigration court, where we’ll argue your case before the judge. Our goal is to demonstrate that you meet the eligibility criteria for a 212(c) waiver and that granting the waiver is in the best interest of you, your family, and the community.

We Are Here to Help

The 212(c) waiver process is highly complex, and the stakes are incredibly high. Without experienced legal representation, you could risk losing your lawful permanent resident status and being separated from your family.

At JCP Law Firm, we have the knowledge, experience, and personal commitment necessary to navigate this process successfully. We treat every client with the utmost respect and dedication, understanding that your future is on the line.