Deportation and Removal Defense
Elimination of the criminal convictions(if possible) that provide the basis for deportation proceedings. Various remedies may be available including motions to vacate convictions.Cancellation of Removal is an important legal remedy for both permanent and non-permanent residents who are in removal (deportation) proceedings. This important form of relief is available for aliens who have resided continuously in the US in any lawful status for at least seven years. In addition, a legal permanent resident must not have been convicted of an aggravated felony.
If you do not qualify as a per mane resident, then cancellation of removal may still be available to you even if you are not a permanent resident. In order to qualify, an alien must have resided in the US continuously for ten years in any capacity even though the person may have entered the US illegally. You must establish good moral character, which includes a strong work history in the US during those years. You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the US. While these hardship requirements are very substantial, aliens who have USC spouses, children, grandchildren, and parents residing in the US may be eligible for this form of relief.
The use of waivers against excludability, inadmissibility, and deport ability such as the recently revived waiver under 212(c) of the INA for relief even from aggravated felony convictions which occurred before April, 1996. This all important waiver is available to eliminate deportation for even aggravated felony convictions if: (1) The conviction(s) was sustained (plea of guilty or no contest) before April 1996, (2) you were a lawful permanent resident at the time of the guilty plea, (3) You did not serve more than five years in state prison for any one conviction, and, (4) You have at least seven years of continuous lawful residence in the US from the date the removal proceedings commenced.
Voluntary Departure. This form of relief is granted by an Immigration Judge, will avoid a removal order and thereby allow you to return to the United States without a mandatory five year bar of reentry which would otherwise result from a removal or deportation order.