Removal Defense / deportation is a very complex issue that is emotionally draining which impacts many immigrants and their loved ones on a daily basis.  Removal defense is a process whereby a person is ordered to leave the United States.  There are many cases when people become victims of a deportation in the United States. The most common reasons foreign nationals are deported include the commission of certain immigration law violations, such as overstaying a period of authorized stay.  Foreign nationals can also be deported if they fail to prevail or an asylum defense, or commit certain crimes that mandate removal.

Having said that, there are some ways to avoid expulsion from the United States.  For example, consider the use of waivers to ameliorate or lessen the possibility of being removed from the United States.  In certain cases, immigrants can apply for waivers from deportation if they can prove that deporting them would pose an undue hardship (the government uses the phrase “extreme hardship”) to his or her spouse, children, or parents who are legal permanent residents and/or U.S. citizens.

Another avenue to avoid deportation is a process known as cancellation of removal.  There are two types of cancellation of removal.  The first type is geared to legal permanent residents.  If someone who is already a legal permanent resident is in removal proceedings, he or she might be eligible to apply for a cancellation of removal from the United States.  The foreign national must have been a resident of the United States for at least seven years and cannot have committed any serious crimes within the statutory period.  More importantly, there must be some extreme hardship to the foreign national himself or his or her U.S. citizen/legal permanent resident spouse/child in the event he were removed from the United States.  The second type of cancellation of removal case is for those foreign nationals who are not permanent residence of the United States.  Those who entered the United States illegally will fall into this group.  Unlike the cancellation of removal for permanent residents, here the foreign national must be physically present in the United States for ten years, have a clean criminal record for that same period, and demonstrate that his or her removal would cause “exceptional and extremely unusual hardship” to his or her U.S. citizen/legal permanent resident spouse/child.

Another way to avoid removal would be to ask for asylum.  There are two types of asylum.  The first type is called affirmative asylum.  Under this procedure, when a foreign national who enters the United States claims that he or she will be persecuted, he or she may elect to go before an Asylum officer and file an asylum application affirmatively.  The foreign national is most likely submitted to a credible fear interview before an asylum officer.  If the asylum is denied, it is referred to an immigration judge (which becomes the second type of Asylum, defensive asylum).  If the foreign national can establish that he or she has been a victim of past persecution or has a well founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group, the immigration judge might grant relief in the form of asylum and allow the foreign national to remain here in the United States.

Individuals who find that they might be in removal proceedings (triggered by the service of a notice to appear or simply being arrested) should contact The Gambacorta Law Office, LLC immediately.  Attorney Timothy A. Gambacorta will most likely be able to assist you in your legal matter and be your advocate throughout this process.