Deportation Defense

 

For many immigrants facing deportation from the United States, the process involves appearing before an Immigration Judge in Immigration Court. The single most important factor in determining whether you will win or lose your case in Immigration Court is having effective legal representation.

 

Deportation proceedings (also known as removal proceedings) are initiated when the Department of Homeland Security issues a Notice to Appear (NTA) which explains why the government believes you are removable. Common grounds of removability include arriving to the U.S. at a port of entry without entry documents, entering the U.S. without inspection, or being admitted to the U.S. but are removable for a visa violation or because of a criminal conviction. 

 

Once removal proceedings are initiated, you could either challenge the NTA, or admit the allegations and submit an application for relief to either restore your legal status or obtain legal status in the U.S. 

 

If your case has already been denied by an Immigration Judge, you may still have options to challenge the decision at the Board of Immigration Appeals (BIA) or the U.S. Ninth Circuit Court of Appeals.

 

We have represented hundreds of individuals in immigration court to either challenge the NTA on factual, legal, or procedural grounds, or prepare a defensive application for relief. 

 

We provide services in the following forms of relief applications in Immigration Court or in Appellate Proceedings:

 

I-485 Adjustment of Status

Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. You can only file your adjustment of status application if a visa is available to you. Adjusting status to a lawful permanent resident can stop deportation. Learn more here  https://www.boyadzhyanlaw.com/i-485-adjustment-of-status-green-card/

 

I-751 Petition to Remove Conditions

If your Form I-751 Petition to Remove Conditions was denied by the United States Citizenship and Immigration Services (USCIS) and you have been placed in Immigration Court, you are permitted to renew your application before an Immigration Judge. Learn more here https://www.boyadzhyanlaw.com/i-751-petition-to-remove-conditions-of-residence/

 

Asylum

If you are seeking protection from the United States because you have suffered past persecution, or you fear you would suffer future persecution upon your return to your home country, because of your race, religion, nationality, membership in a particular social group, or political opinion, then you may be eligible to apply for asylum before an Immigration Judge. Learn more here https://www.boyadzhyanlaw.com/asylum/

 

I-601 Criminal Waiver Under INA Section 212(h) 

If you have a criminal conviction and it is preventing you from getting a green card, or you are at risk to losing your green card, you may be eligible for an Immigration and Nationality Act (INA) Section 212(h) waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-i-601-criminal-waiver-under-ina-section-212h/

 

I-601 Fraud Waiver Under INA 212(i)

If you have previously committed immigration fraud or misrepresentation, you may be ineligible to receive a visa to enter the United States, apply for a green card, or you may not be allowed to reenter the United States after leaving. Under INA Section 212(i), you may be eligible to receive a fraud waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility. If your waiver is granted, any past fraud or willful misrepresentation for any future applications will be waived which would allow you to receive an immigration benefit such as a visa or green card. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-i-601-fraud-waiver-under-ina-section-212i/

 

I-602 Asylee/Refuge Waiver of Inadmissibility Under INA 209(c)

If you are an asylee who is deemed inadmissible to the United States, you may be eligible for an asylee waiver. The most common examples of when an individual needs an I-602 waiver are for past crimes, or past immigration law violations such as fraud or misrepresentation which render them inadmissible to the United States. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-i-602-asylee-refuge-waiver-of-inadmissibility-under-ina-209c/

 

INA 237(a)(1)(H) Fraud Waiver

If you received your green card through fraud, you may be eligible to seek forgiveness by filing a fraud waiver under INA section 237(a)(1)(H), which would allow you to keep your green card and terminate removal proceedings against you. If you have committed marriage fraud, identity fraud, concealed a criminal history, or made misrepresentations relating to your employment, you may be eligible to seek a waiver if you have a qualifying relative, were in possession of an immigrant visa (or equivalent document) and were otherwise admissible at the time of admission to the United States. Learn more here https://www.boyadzhyanlaw.com/waiver-ina-237a1h-fraud-waiver/

 

Cancellation of Removal for LPRs (Lawful Permanent Residents)

If you are a green card holder and you have been placed in Immigration Court because of a criminal conviction, you may be eligible for Cancellation of Removal which would allow you to keep your green card. Learn more here https://www.boyadzhyanlaw.com/cancellation-of-removal-for-lprs-lawful-permanent-residents-2/

 

Cancellation of Removal for VAWA Applicants

If you are in removal proceedings and you are the victim of domestic abuse, either physical or mental, by your U.S. citizen or green card holder relative, you may qualify for VAWA cancellation of removal. Learn more here https://www.boyadzhyanlaw.com/cancellation-of-removal-for-vawa-applicants/

 

I-191, Criminal Waiver Under INA 212(c) 

A green card holder who has been convicted of a deportable crime before 1997 may be eligible for a waiver by filing Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA). Learn more here  https://www.boyadzhyanlaw.com/deportation-defense-form-i-191-criminal-waiver-under-ina-212c/

 

Motion to Reopen

If you lose your immigration court case, you may be eligible to file a motion to reopen your case which will eliminate the deportation order against you and allow you to seek relief. A motion to reopen your case must be based on new facts that were not previously available. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-motion-to-reopen/ 

 

Motion to Reconsider

If you lose your immigration court case, you may be eligible to ask the Immigration Judge to reconsider their decision by filing a Motion to Reconsider. A motion to reconsider can be filed if the judge made a mistake in applying the laws, facts of your case or federal immigration policy. The motion is a request for the Immigration Judge to re-examine their ruling. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-motion-to-reconsider/

 

BIA Appeal

If you lose your immigration court case, you may appeal the decision to a higher agency known as the Board of Immigration Appeals (BIA).  The BIA is an administrative appellate body responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-bia-appeal/

 

9th Circuit Court of Appeals

If the Board of Immigration Appeals (BIA) or the Immigration Judge denies your case, you may ask the Ninth Circuit Court of Appeal’s to review the decision. The Ninth Circuit Court of Appeals is a federal court, which looks carefully at the decision of the Immigration Judge and the Board of Immigration Appeals to make sure the agencies did not make an error in the decision. Learn more here https://www.boyadzhyanlaw.com/deportation-defense-9th-circuit-court-of-appeal/

 

The immigration system has very strict deadlines for different types of cases, and missing a deadline, can be the difference of whether you will be deported or allowed to remain in the United States. As soon as you are placed in Immigration Court or you receive a denial of your case, it is very important to consult with an experienced immigration attorney to determine your future steps.

 

If you have been placed in Immigration Court, or your case has been denied, and you are unsure of your next steps, or you fear deportation, we are ready to help you navigate the system and determine your eligibility for relief to stop the deportation.

 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com