Frequently Asked Questions

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Facing the threat of deportation while in immigration removal proceedings is one of the most stressful and frightening prospects for anyone living in the United States. Your entire future, as well as that of your family members, is at stake. You need an experienced and aggressive immigration lawyer to fight to keep you in the United States. You may be eligible to apply for one or more forms of relief from removal. 

Numerous forms of relief from removal exist, including:

Immigration Bond:

A detained foreign national may qualify to be released on bond depending on his or her criminal and deportation history and current immigration status so long as he or she does not pose a flight risk and does not present a danger to society.

Cancellation of Removal for Lawful Permanent Residents: 

If you are a lawful permanent resident, you may be able to remain in the United States if you have been a lawful permanent resident for five years, have resided in the United States continuously for seven years after having been admitted in any status, and have not been convicted of an aggravated felony.

Cancellation of Removal for Non-Lawful Permanent Residents:

This form of relief gives lawful permanent resident status to an undocumented immigrant if granted by the Immigration Judge. You are eligible to apply for cancellation of removal if you have been living in the United States for more than ten years, have been a person of good moral character during that time, and have a parent, spouse, or child who is a United States citizen or lawful permanent resident who would suffer exceptional and extremely unusual hardship if you are deported.

Adjustment of Status:

You may be able to become a lawful permanent resident through adjustment of status if you are eligible to receive a visa, are admissible to the United States for permanent residence, and an immigrant visa is immediately available to you at the time of filing your application. 

Asylum, Withholding of Removal, or Protection Under the Convention Against Torture:

Fear of returning to your country may allow you to request Asylum in the United States if you have been persecuted in the past or are able to prove a well-founded fear of future persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. 

Withholding of Removal must be granted if you can prove a clear probability of harm by showing that it is more likely than not that you would suffer persecution due to your race, religion, nationality, political opinion, or membership in a particular social group, if removed.

Protection Under the Convention Against Torture is granted if you can prove it is more likely than not that you would be tortured for any reason, if removed.

Prosecutorial Discretion:

Prosecutorial Discretion is a request to be allowed to remain in the United States, often despite being currently ineligible for any particular form of relief from removal. This type of request is made to the Government’s Attorney instead of the Immigration Judge. It is a favorable exercise of discretion declining to prosecute based upon the totality of the circumstances that your removal would not be in the best interests of the United States. 

Voluntary Departure:

While unfortunate, sometimes the only relief available is requesting the privilege of voluntary departure in lieu of deportation. If granted, the Immigration Judge will allow you to voluntarily leave the United States usually within 60 or 120 days. However, the benefit of voluntary departure is that it allows you to avoid the potential negative consequences of an order of removal and may make it easier for you to return to the United States lawfully in the future.

In a typical deportation proceeding, the foreign national in question is arrested and detained by United States Immigration and Customs Enforcement (ICE). 

Shortly thereafter, the individual will receive a “Notice to Appear” (NTA) which outlines why the alien should not be allowed to remain in the United States. An ICE official will then determine bond eligibility and file the NTA with the Immigration Court to begin the deportation proceedings. 

Once a final decision is made after the deportation hearing, an appeal from the immigration judge’s ruling may be filed at the Board of Immigration Appeals within 30 days of the decision. It is important to note that the Board of Immigration Appeals makes its ruling on appeals based solely on the printed transcript of the previous proceeding, the immigration judge’s decision, and the documents in the record.

In some cases, pursuing Citizenship is the recommended course of action. There are 2 primary processes to consider when pursuing Citizenship:

1. Naturalization

Naturalization is the process where a foreign national is granted United States citizenship.

To be eligible for naturalization, you must meet all of the following eligibility requirements:

• Are 18 or older at the time of filing
• Have been a lawful permanent resident for at least 5 years immediately preceding the date of filing the application
• Have lived within the state for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least one half (30 months)  of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
• Be able to read, write, and speak English 
• Pass a short test demonstrating your knowledge and understanding of U.S. history and government (civics).
• Be a person of good moral character.

If you obtained lawful permanent resident status through a United States citizen spouse, you may be allowed to apply for citizenship after only 3 years of being a lawful permanent resident if you meet the following requirements:  

• Are 18 or older at the time of filing
• Have been a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Be physically present in the United States for at least one half (18 months)  of the 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
• Be able to read, write, and speak English 
• Pass a short test demonstrating your knowledge and understanding of U.S. history and government (civics).
• Be a person of good moral character.

Special rules exist for citizenship for military members & dependents. Members and veterans of the U.S. armed forces, and their dependents may be eligible for citizenship under special provisions of law. Immediate relatives of U.S. armed forces members who die as a result of combat while in an active duty status may be eligible for certain "survivor" immigration benefits, including citizenship. 

2. Acquisition of Citizenship

Under the 14th Amendment to the United States Constitution, if you were born in the United States you are a U.S. Citizen.

You may also be eligible for citizenship through your U.S. citizen parents. There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.

Acquisition of citizenship at birth:

The requirements for citizenship at birth for children born outside of the United States depend upon the marital status of your parents, whether your mother, father, or both parents were United Stated citizens, and for how long and at what age the United States citizen parent lived in the United States before you were born.

Derivative citizenship through the naturalization or U.S. birth of one parent:

Derivative citizenship is citizenship given to children through the naturalization of parents or, sometimes, to foreign-born children adopted by United States citizen parents, if certain conditions are met before you are 18. The requirements for automatic U.S. Citizenship after birth - But Before the Age of 18 depend upon when you were born or adopted by your U.S. citizen parent.