Immigration
At Roxell Richards & Associates we will assist you and your family members in obtaining relief from removal proceedings. We understand the stress and confusion that comes with this tedious process. Our team of skilled attorneys will help you request discretionary relief from the government. These include:
Removal Hearings
Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.
Forms of Relief from Removal
Below is a summary of the most frequently requested forms of relief that are available to an alien who has been found to be removable. These descriptions are not fully inclusive, and are subject to change since Congress may legislate new laws.
Voluntary Departure – Upon voluntary departure and waiting the required time frame, a foreign national may be able to legally enter the United States at a later date.
Cancellation of Removal – Lawful permanent residents and nonpermanent residents may qualify. For instance, 5 year lawful permanent residents who have continuously resided in the United States for 7 years, without a conviction for an aggravated felony may qualify. However, it is more difficult for nonpermanent residents to qualify for this relief because they must also show that removal would result in an exceptional and extremely unusual hardship to his or her spouse, parent, or child (who are either U.S. citizens or lawful permanent residents).
Asylum – Foreign nationals who qualify as refugees maybe granted asylum by the Attorney General. Generally, this requires that the asylum applicant demonstrate an inability to return to his or her home country because of past persecution or a well-founded fear of future persecution based upon his or her race, religion, nationality, membership in a particular social group, or political opinion.
Adjustment of Status – Foreign nationals may change their status to lawful permanent resident, if the foreign national immediately qualifies for an immigrant visa (usually petitioned for by a spouse, another family member, or an employer).
Stay of Removal –When an alien is detained, has an action pending before the Board of Immigration Appeals (BIA), and is in "danger" of being immediately deported or removed, the alien, or the alien's attorney or representative, may request a stay of deportation/removal from the BIA.
Once the BIA has received a stay request, the BIA is faced with an emergency situation in which the stay request must be given immediate attention and priority over other work.
