The Law Offices of Thomas J. Tarigo has represented thousands of individuals before the Executive Office for Immigration Review (EOIR), or more commonly referred to as Immigration Court. In our years of experience we have learned that every client’s situation is unique and therefore personalized review and preparation is always required. Success in Immigration Court requires extensive review, documentation from our clients, and a collaborative approach in preparing for trial.
Removal & Deportation Defense
The process in which the United State government “removes” or “deports” a foreign national is known as removal or deportation. The reasons for an individual’s removal from the United States are many. Generally, the removal process requires going to Immigration Court and seeing an Immigration Judge. However, in contrast to the criminal justice system, a person within the immigration court process must find their own private attorney. Appearing in Immigration Court can be extremely complicated and the consequence can include the loss of any lawful status (if previously held) and ultimately removal from the United States.
The Law Offices of Thomas J. Tarigo represents both non-detained and detained individuals nationwide throughout the United States.
Common Forms of Relief from Removal
- Family-based adjustment of status
This is a way of changing from non-immigrant to immigrant status in order to get legal status in the United States through a family member, most likely a U.S. citizen. Usually (among other requirements), you have to have entered the U.S. legally to qualify for adjustment. However, some exceptions to the legal-entry requirement are available. - Asylum
This is a form of protection for people who have fled persecution or fear future persecution in their home country. A grant of asylum allows legal status in the U.S., a work permit, and eventually Lawful Permanent Residence. - Withholding of removal
Although much like asylum in many ways, withholding is more difficult to obtain, because you have to show that it is “more likely than not” that you would be persecuted in your home country upon return. Also, it provides fewer benefits than asylum, because recipients are usually ineligible to apply for permanent residence or travel outside of the United States. However, it might be your only option if certain bars to asylum apply to you (such as applying for asylum more than one year after your last entry). A person who is granted withholding may obtain work authorization, but does not become a Lawful Permanent Resident. - Protection under the Convention Against Torture (CAT)
Protection under CAT is available only if it is “more likely than not” that the government of the applicant’s home country—or some person or group the government cannot control—will torture that person. It does not matter why you would be tortured; the fact that it is likely that you would be tortured would be enough. CAT is also like withholding in that persons who receive CAT protection cannot obtain Lawful Permanent or travel internationally.
- Cancellation of removal for persons who are not Lawful Permanent Residents
This remedy is a way of obtaining a green card if you can prove ten (10) years’ physical presence in the U.S., have good moral character (not having been convicted of certain crimes), and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident.
- Cancellation of removal for persons who are Lawful Permanent Residents
For a lawful permanent resident to qualify for cancellation of removal, the individual must show that: (1) the resident has had a green card for at least five years; (2) the resident has lived in the U.S. continuously for 7 years (however, certain crimes will stop time); and (3) the resident has no aggravated felony convictions. If granted cancellation, the individual will be permitted to remain in the U.S. as an Lawful Permanent Resident.
- Cancellation under the Violence Against Women Act (VAWA)
Similar to cancellation of removal for non-permanent residents, an applicant for VAWA cancellation must show that he or she has been “battered or subjected to extreme cruelty” by a “qualifying relative” and meets other requirements, including three years of physical presence in the U.S. and good moral character.
- Waivers
Various waivers (INA s. 212(c), INA s. 212(h), etc.) can be used if you are convicted of specific crimes that cause you to be removed from the United States. You might be eligible for a waiver under the Immigration and Nationality Act. A waiver can help you become a Lawful Permanent Resident. - Voluntary Departure
This offers way to leave the U.S. without staining your immigration record with a past order of removal (which can make returning to the U.S. even harder).
Alternative Immigration Options
- Form I-601A Provisional Unlawful Presence Waiver
The I-601A Provisional Unlawful Presence Waiver allows certain immigrant visa applicants with relatives who are U.S. citizens or lawful residents to apply for a provisional waiver of the unlawful presence grounds of inadmissibility pursuant to the INA s. 212(a)(9)(B). In an attempt to promote family unity, the U.S. made Form I-601A provisional waivers available to qualifying individuals.The applicant for the waiver is permitted to apply for the waiver without having to leave the U.S. After approval, they can then leave the U.S. briefly to attend their consular interview and reenter as a Lawful Permanent Resident.
- “T” or “U” visa for victims of abuse or cooperative with law enforcement
“T” and “U” visas are available to victims of human trafficking or serious crimes such as domestic violence, sexual assault, or felonious assault (and many more crimes) who cooperate with U.S. law enforcement to investigate and prosecute the crime(s).“T” visas are available to immigrants facing deportation if: (1) they are in the U.S. as the result of human trafficking, and (2) their removal from the U.S. would result in “extreme hardship involving unusual and extreme harm.
”People who were already in the U.S. when they (or their minor age children) became victims of a serious crime can apply for a “U” visa. U visa applicants must prove that they suffered “substantial physical or mental abuse” as a result of the crime and that they have been cooperative with law enforcement.
“T” and “U” visas allow eligible victims to remain and work in the U.S. temporarily – usually for four years. Provided certain additional conditions are met, the “U” visa holder may apply for a green card after three years.“T” and “U” visas are non-immigrant visas, which means they do not guarantee permanent legal status. However, people with a T or U visa may later be able to apply for a green card to adjust their status to that of a Lawful Permanent Resident.
The Law Offices of Thomas J. Tarigo is dedicated to providing effective immigration solutions to those in removal proceedings anywhere in the nation. Contact us today for more information.