There are many legal defenses available in removal proceedings. Each case is unique and requires a thorough and individualized assessment for relief from removal. It may be that you are not removable or deportable as by the Government. Alternatively, if you are found to be deportable as charged, there are many forms of relief available to you, including (but not limited to):
1) Adjustment of status under section 245(a) or (245(i) of the Immigration and Nationality Act, through a petition filed by a qualifying family member (eg. spouse or child) or employer.
2) Cancellation of removal for non-permanent residents: available to certain individuals who have been continuously physically present in the U.S. for at least ten years, who is a person of good moral character, who have not been convicted of certain crimes and whose removal would cause exceptional and extremely unusual hardship to certain qualifying relatives, who are U.S. citizens or lawful permanent residents.
3) Cancellation of removal for certain permanent residents: available to certain lawful permanent residents (LPR) who have held LPR status for at least five years, who have continually resided in the U.S. for at least seven years after being admitted in any status, and who have not been convicted of an aggravated felony.
4) Cancellation of removal under the Violence Against Women Act (VAWA): available to certain individuals who have been battered or subjected to extreme cruelty by a US citizen or LPR spouse or parent, who has three years of physical presence in the U.S., and who is a person of good moral character.
5) Asylum, withholding of removal, and protection under Convention Against Torture: available for certain qualified individuals who fear returning to their home country.
6) Prosecutorial discretion: In certain cases, the government may agree to exercise prosecutorial discretion and administratively close or terminate the case against the immigrant. They will only do this in cases where the individual is deemed a low enforcement priority.
7) Voluntary departure
Other forms of relief include 212(c) relief, 212(h) standalone waiver, deferred action and registry. During your initial consultation, the attorneys at Nayar & McIntyre will review your immigration and criminal history and your ties to the United States to determine the best defense in your case. Our attorneys can also assist detained individuals to seek bond.
We welcome the opportunity to discuss your case with you. Please contact our office at 972.445.4114 to schedule your free consultation with an experienced deportation defense lawyer.
Nayar & McIntyre, LLP serves the immigration law needs of individuals throughout Texas and the DFW Metroplex, including Dallas, Irving, Fort Worth, Bedford, Euless, Arlington, Hurst, Allen, Flower Mound, Carrollton, Lewisville, Keller, Grand Prairie, North Richland Hills, Garland, Mesquite, Richardson, Plano, Denton, McKinney, Frisco, Lubbock, Sherman, and Amarillo.
