The United States government has the authority to remove and deport undocumented aliens back to their home country. Undocumented aliens facing removal and deportation are initially issued an NTA or “Notice To Appear” which lists documented allegations and charges which subject them to lawful removal and deportation. Once the NTA has been filed with the local immigration court, the accused will be issued a notice to appear in court in front of an immigration judge to determine the status of the alien’s ability to be removed and deportation. Fortunately, those accused or convicted may have removal and deportation defense options available.
Removal & Deportation Defense
Proceedings for removal deportation are quite complex, which is why it is important to reach out to an experienced immigration attorney to review the case. Our attorneys will determine whether or not the accused alien can present a strong legal defense against the accusations made against them.
Removal & Deportation Relief Types
There are a variety of removal & deportation relief types available to undocumented aliens who have been charged. To qualify for relief, undocumented aliens are required to provide the following information:
- Any family members living in the United States & their legal status
- An accurate timeline of the undocumented aliens stay within the United States & their legal status
- Description of how the alien initially entered the country
- Past history of types of visas held or immigration status
- Record of any criminal history
Once the information has been gathered, an immigration attorney will review the information and advise on the type of relief the undocumented alien is able to qualify for.
Asylum is a type of removal defense that offers protection to undocumented aliens currently living in the United States, who have fled their home country due to past persecution or fear of future persecution upon returning to their home country. Individuals who acquire asylum are granted legal status within the United States and this status grants them the ability to remain in the country, continue pursuing employment, and are eligible to obtain a green card in the future.
Cancellation of Removal
There are three cancellation of removal relief types available, cancellation of removal for non-permanent residents, cancellation of removal for permanent residents and cancellation of removal under VAWA (Violence Against Women Act). There are separate forms and processes tied to each type, and it is important to seek legal counsel and advice from an experienced immigration attorney prior to applying.
SIJS (Special Immigrant Juvenile Status)
Undocumented aliens under the age of 21 may be eligible to obtain Special Immigrant Juvenile Status, qualifying them for lawful permanent residency. The Special Immigrant Juvenile Status is granted to those who unlawfully reside within the United States and require protection from Juvenile Courts due to abuse, abandonment, or neglect from one or both of their parents.
Reach Out To An Experienced Attorney
When facing a deportation, it’s vital to seek out the assistance of an immigration attorney. These attorneys will aid in every step of your case, and always work in your favor. The experienced immigration attorneys at the Law Offices of Kermit A. Monge, PLLC has years of experience providing removal & deportation defense services to undocumented aliens. For more information about removal defense or removal relief, give us a call at 703.273.5500 or request a consultation online.