Reid & Gaudett Law Group, LLP   The Law Office of Andrea R. Reid

malawimmigration.com

Office:  1.413.737.1200

  
The Law Office of Andrea R. Reid
 
Immigration Law - Deportation & Removal
Find below the links to all of the area of Immigration Law that Attorney Reid offers...
 
ASYLUM VAWA
B Visas Citizenship and Naturalization
H Visas Deportation and Removal
L Visas Family
R Visas Employment
U Visas Non-Immigrant Visas
 
 

DEPORTATION AND REMOVAL
Removal proceedings, also known as deportation, are administrative court proceedings in which foreign nationals are charged with being removable from or inadmissible to the United States.  They affect the ability of a person to remain in the United States and the ability to return.

Non-permanent residents may be placed in removal proceedings for violations of the immigration laws, including, but not limited to: overstaying a period of authorized stay, violations of lawful nonimmigrant status, entry into the United States without inspection, being in the United States without being admitted or paroled, or the commission and conviction of most state crimes.

Permanent Residents may also be placed in removal proceedings for violations of the immigration laws, including, but not limited to: abandonment of permanent residence, conviction of certain state crimes, illegal voting in the United States, or termination of conditional resident status.

If you are facing deportation/removal due to any of the above reasons, it is important to hire legal representation to aggressively defend you in immigration court. Attorney Reid has over eleven years experience representing individuals placed in removal proceedings who are contesting removability or inadmissibility or who are applying for various forms of relief for which the individual may be eligible, including:

• Adjustment of status
• Asylum
• Bond
• Cancellation of removal (LPR and Non-LPR)
• CAT
• Temporary Protected Status (TPS)
• Violence Against Women Act (VAWA)
• Voluntary Departure
• Waivers
• Withholding of Removal

We also provide knowledgeable deportation/removal representation to clients facing conviction in Massachusetts and New Hampshire for criminal charges such as:

• Assault
• Shoplifting/theft
• Sex crimes
• Drug crimes
• Weapons charges
• Domestic violence
• Fraud-related offenses
• Aggravated felonies

In researching possibilities for relief from deportation or removal, we draw upon our knowledge of Massachusetts criminal law and procedures and our awareness of criminal law throughout the United States. Finding the best solution to your problem is very labor intensive and requires an in-depth knowledge of the Immigration and Nationality Act.

It is our goal to keep you in the United States, and we are fully versed in the immigration and deportation systems and statutes. As your legal advocates, we strive to gain your trust and create an environment where you can feel comfortable saying exactly what you are thinking and feeling.

ADJUSMENT OF STATUS
In order to adjust your status to a permanent resident from within the US, you must have been inspected and admitted during your last entry. If you entered without being inspected and admitted, then you must go through the Consulate/Embassy outside the US.  If you were admitted and inspected, you also must be in US in lawful status at time the application for adjustment is being filed. Exception applies to individuals classified as immediate relatives, battered spouse and children and certain special immigrants. An Immigrant visa must be immediately available and the applicant must be otherwise admissible.

ASYLUM
Asylum is a form of protection granted to individuals who fear persecution or for their safety or have been persecuted or have a well-founded fear that they will be persecuted by the government of their home country, or a group that the government cannot control because of the individuals political opinion, nationality, religious belief, race, or membership with a social.  As a general rule, affirmation request for Asylum can be sought prior to your arrival or within one your arrival into the United States.  Individuals who meet this definition and who have been in the United States for more than one year may still be granted asylum if there are changed circumstances in the country from which they seek asylum, or if exceptional circumstances prevented them from filing within one year.

BOND
If you are Non-citizen who is detained for immigration removal and have received a Notice to Appear (NTA) from the Department of Homeland Security to have them removed from the United States, we will work to get you out on bond, if eligible. Individuals in immigration removal proceedings, who does not have an aggravated felony conviction, and are not subject to mandatory detention, may be granted bond if they can demonstrate that they are not a danger to the community or a risk of flight.

CANCELLATION OF REMOVAL
A discretionary benefit adjusting a non-US resident from that of deportable/removable individual to one lawfully admitted for permanent residence or a cancel the removal of a permanent resident. An application for cancellation of removal is made during the course of a hearing before an immigration judge. The individual needs to show “extreme and exceptionally unusual hardship” to a spouse, parent and or child who is either a United States citizen or permanent resident. The individual cannot have an aggravated felony conviction.

CONVENTION AGAINST TORTURE (CAT) ACT
Individuals who are not eligible for asylum or withholding of removal may also still qualify for protection under the Convention Against Torture (CAT) Act, if they can establish that they have a well-founded fear that they will be persecuted by the government of their home country, or a group that the government cannot control because of the individuals political opinion, nationality, religious belief, race, or membership with a social.

TEMPORARY PROTECTED STATUS (TPS)
The US Government may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. TPS is granted to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

TPS is may designated due to the following temporary conditions in the foreign national’s country:

• Ongoing armed conflict (such as civil war)
• An environmental disaster (such as earthquake or hurricane), or an epidemic
• Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted for travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.  TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

• Applying for nonimmigrant status
• Filing for adjustment of status based on an immigrant petition
• Applying for any other immigration benefit or protection for which you may be eligible

VOLUNTARY DEPARTURE
After removal proceedings have been commenced and at any time up to 30 days subsequent to the master calendar, the immigration judge may grant voluntary departure for a period not to exceed 120 days. In each instance, the alien will be required to present to the Immigration Service travel documents sufficient to assure lawful entry into the country to which the alien is departing, unless such document is not necessary for the alien's return and funds to purchase a ticket home. The individual may also be required to post a $500.00 bond, which is refund once the individual depart the US before the expiration of the voluntary departure period. Individuals will not be granted voluntary departure if they are considered a danger to the community or they pose a flight risk.

An foreign national may also be granted voluntary departure at the conclusion of proceedings if the immigration judge finds that the individual meets the conditions of section 240B(b) of the Act. The judge may impose such conditions as he or she deems necessary to ensure the alien's timely departure from the United States, but in all cases, the alien shall be required, within 5 days of the order, to post a voluntary departure bond of no less than $500. In order for the bond to be canceled, the alien must provide proof of departure to the district director. If the alien fails to depart, or to meet any of the conditions attached to the grant of voluntary departure, such order will vacate and the alternate order of deportation/removal will stand.

VAWA
VAWA permits certain spouses and children of U.S. citizens and lawful permanent residents who were subjected to battery or extreme cruelty to self-petition for immigrant classification to become permanent resident of the United States. The I-360 Self-Petition, allows for certain spouses and children of U.S. citizens and lawful permanent residents who were subjected to battery or extreme cruelty to self-petition for immigrant classification, in to substitute of the I-130 Relative Visa Petition or the application for derivative benefits that may (or may not) have been filed.

VAWA also made it possible for any person who obtained status as a lawful permanent resident “by reason of his or her status as a spouse or child of a U.S. citizen who battered him or her or subjected him or her to extreme cruelty” to apply for naturalization after three years as a permanent resident. This provision could apply to the spouse or child of a U.S. citizen who obtained permanent residence through:

• A battered spouse or child self-petition;
• Cancellation of removal or suspension of deportation for battered spouses or children; or
• Removal of conditional residency through a battered spouse or child waiver.

WAIVERS
Individuals who may be ineligible for admission to the United States have the option of filing for an immigration waiver. Immigration waivers generally allow applicants to overcome the obstacles that would prevent them from obtaining an immigrant visa and can be difficult to secure without the help of a knowledgeable immigration lawyer. If you inadmissible due to unlawful presence in the US, committing fraud or material representation at the time of entry, or because of having a certain criminal, or medical condition, you may qualify for a waiver, if you can demonstrate that the denial of your application would cause “extreme and unusual hardship” in most cases to your spouse, parent who is a United States citizen or permanent resident and in limited to your US citizen child, then you may still be admitted as a permanent resident.

WITHHOLDING OF REMOVAL
Individuals who are not eligible for asylum may still qualify for withholding of removal if they establish that it is more likely than not that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion upon returning to their home country.

 

 

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult us or another attorney for individual advice regarding your own situation.


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Disclaimer This is an advertisement. The Law Office of Andrea R. Reid limits its practice strictly to Federal immigration and consumer rights laws, both of which are Federal practice areas, as well as Massachusetts divorce and personal injury laws and we do not claim expertise in the laws of any other states other than Massachusetts where we are licensed. The Law Office of Andrea R. Reid does not retain clients on the strength of advertising materials alone but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information
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