Deportation-Removal Attorney in OKC
If you are facing removal proceedings, you need an immigration attorney who is experienced in deportation defense. A removal defense immigration attorney can advise you as to whether you may be eligible for asylum or a hardship waiver. If you arrived in the United States as a child and you were born after June 15, 1981, you may qualify for deferred action. Alternatively, you may be able to petition for cancellation of removal.
Generally speaking, deportation (or removal) proceedings are instigated if the U.S. government determines that an immigrant has violated U.S. law. But, certain violations of law do not have immigration consequences, and some do. Immigration law is a very complex area, and you need an attorney who can get to the bottom of the government’s case for removal and mount a strong defense.
Cancellation of Removal
Cancellation of removal proceedings fall under Section 240A of the Immigration and Nationality Act.
In order to be eligible for cancellation of removal, you must prove that:
- you have had lawful permanent resident status for at least five years;
- you have resided in the United States for at least seven years continuously before you received the Notice to Appear;
- you have not been convicted of an aggravated felony;
- you have not received cancellation of removal in the past;
- you deserve this relief from a personal or subjective standpoint.
The Immigration Judge will consider several factors in considering whether to grant cancellation relief, including but not limited to:
- how long you have resided in the U.S.;
- whether you have family in the U.S.;
- whether you have filed and paid federal taxes in a timely manner;
- whether you have active ties to your community;
- whether you or your family would suffer hardship if you were removed from the U.S.
Undocumented immigrants may also be able to seek cancellation of removal, but it is more difficult to do. Possible bases for cancellation of removal for an immigrant who is not a lawful permanent resident include:
- Exceptional and extremely unusual hardship to your qualifying relative;
- Likelihood that you would be tortured if sent back to your country of origin;
- Likelihood that you would be persecuted if sent back to your country of origin;
- Whether you have been battered or suffered extreme cruelty at the hands of your qualifying relative;
- Willingness to depart voluntarily
You may have more options than you think for cancellation of removal, and the government’s case for removal may not be very strong. If you are facing removal, having an experienced deportation defense lawyer on your team can make all the difference in the world.
Other Immigration Law Matters
Our law firm handles a variety of immigration law matters that our clients may encounter. Some additional immigration issues we deal with include:
- Adjustment of Status
- Adoption of children via the Hague Process
- Adoption of children via the Orphan Process
- Appeal from Denial of a Petition
- Consular Processing
- Criminal Matters Affecting Immigration Status
- Denial Appeal
- Diversity Lottery Visas
- Divorce and Child Custody Matters with Immigration Consequences
- Family Hardship Waivers
- Habeas Corpus Petitions
- Immigration Bonds
- Labor Certification
- Marriage Visas
- Motions to Reopen
- Petitions to Remove Conditions of Residence
- Voluntary Departure
- Withholding of Removal