Cancellation of Removal for Lawful Residents
Permanent residents who are in deportation proceedings have the opportunity to file Cancellation Removal under specific circumstances.
Cancellation of Removal for Non-Residents
In order to be eligible for Cancellation of Removal, non-residents must reside in the U.S. continuously for 10 years immediately preceding the date of such application.
Asylum or Withholding of Removal
When an individual is in immigration court, she can request for asylum as defense. Asylum is the protection granted to foreign nationals who feel they cannot return to their native country.
A nationwide initiative to eventually review all pending and incoming cases in immigration courts around the country, with a view toward suspending those cases that did not meet agency priorities.
Temporary Protective Status
TPS is designated to countries with ongoing armed conflict (such as civil war, an environmental disaster (such as earthquake or hurricane), or an epidemic, other extraordinary and temporary conditions.
Voluntary departure permits an individual, who is otherwise removable, to depart from the country at her own expense within a designated amount of time in order to avoid deportation proceedings or a final order of removal.
Bond Hearing in Immigration Court
In a bond hearing, the Immigration Judge determines whether the alien is eligible for bond. If the alien is eligible for bond, the Immigration Judge considers whether the alien’s release would pose a danger to property or persons, whether the alien is likely to appear for further immigration proceedings, and whether the alien is a threat to national security. In general, bond hearings are less formal than hearings in removal proceedings.
Requesting a bond hearing
Requesting a bond hearing should state:
- the full name and alien registration number (“A number”) of the alien
- the bond amount set by the Department of Homeland Security
- if the alien is detained, the location of the detention facility
There is no filing fee to request a bond hearing
Upon the request of the detained individual, the Immigration Court schedules the hearing for the earliest possible date and notifies the individual and the Department of Homeland Security of the hearing. During the Bond Hearing the Immigration Judge has the authority for determination or redetermine the amount of bond set by DHS.
The minimum bond amount the immigration judge can set is $1,500. There is no cap as to how high the bond amount can be. It could be as high as $20,000. It depends on whether an individual is, in judge’s opinion, a flight risk or a danger to the U.S.
An individual released from custody upon payment of bond can file for a bond determination within 7 days of release with the Immigration court.
An Immigration Judge has jurisdiction over cases even if NTA has not been filed. In addition, an Immigration Judge has jurisdiction to rule on whether he or she has jurisdiction to conduct a bond hearing.
By regulation, an Immigration Judge can not conduct bond hearings involving:
- aliens in exclusion proceedings
- arriving aliens in removal proceedings
- aliens ineligible for release on security or related grounds
- aliens ineligible for release on certain criminal grounds
WHAT TO EXPECT AT YOUR FIRST APPEARANCE IN IMMIGRATION COURT
- The judge will ask a Respondent if he or she received a Notice to Appear (NTA) and whether or not he or she concedes the proper service;
- The judge will explain to the respondent his/her rights ;
- The judge will ask if the respondent concedes (agrees with) all the allegations described in the NTA;
- The judge will ask the respondent if the respondent agrees that he/she is removable from the US;
- The judge will ask the respondent to name the country to which removal should be directed and the respondent can either name the country or decline to name the country;
- The judge will ask what forms of relief from removal the respondent requests;
- If relief from removal requires an application the judge will set the date when the application should be filed;
- If background or security investigations are required the respondent will receive the instructions from the judge;
- The new date will be set for the hearing on merits;
- The respondent can request the interpreter for his hearing present.
COMMON GROUNDS FOR placing non-citizen in deportation proceedings
No matter what the circumstances of your case may be, a skilled immigration lawyer can help you fight for your right to stay in this country. The most common reasons usually involve unlawful activity in one form or another. Here are situations that generally lead to a foreign national being placed in deportation proceedings.
- A criminal conviction
- Overstaying a visa
- Immigration fraud or violation
- Employment violations
- Entering the country illegally
- Unlawful presence
- Final Order of Removal/Deportation after a denial of asylum
- Failing to depart after a grant of voluntary departure; or
- Being arrested and convicted of a serious crime such as domestic violence, illegal possession of a firearm or drug possession.
Immigration Court Closest to you
Immigration Case Info Line 1(800)898-7180
Call Immigration Case Info at 1(800)898-7180 to learn about upcoming court hearing.
You need to know A# to obtain the information.
Llame a la información del caso de inmigración al 1 (800) 898-7180 para obtener información sobre la próxima audiencia en la corte.
Necesite saber A# para obtener la informacion.
Позвоните в Службу иммиграционной службы по телефону 1 (800) 898-7180, чтобы узнать о предстоящем судебном слушании.
Вам необходимо знать A #, чтобы получить информацию.
Arlington, VA IMMIGRATION COURT
1901 South Bell Street, Suite 200
Arlington, VA 22202
|Rebecca J. Walters, Assistant Chief Immigration Judge|
|John Cody Barnes||Francisco Mendez|
|John M. Bryant||Deepali (Dee) Nadkarni|
|Lawrence O. Burman||Matthew J. O’Brien|
|Raphael Choi||Helaine R. Perlman|
|Roxanne C. Hladylowycz||Emmett D. Soper|
|Wynne P. Kelly||Karen D. Stevens|
|Lolita M. Lukose||Cynthia S. Torg|
|Elisa Manuel||David White|
|Paul A. McCloskey|
Natalie Meyers (Acting)
At the Law Office of Irina Vinogradsky, we are experienced in representing immigrants and foreign nationals who are at risk for deportation or removal from the United States. We have full understanding of the deportation defenses and represent individuals in immigration court on a daily basis. Our top priority is to protect our clients’ and their families’ best interests and to ensure no person is unjustly deported. No matter where you are seeking a deportation defense lawyer, Cleveland immigration lawyer Irina Vinogradsky can assist you with your deportation defenses in immigration court.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...