Deportation Removals and Asylum
The Law Offices of Deborah L. Karpetian, located in Glendale, California, has represented immigrants in matters concerning Deportation Removal and Asylum throughout the United States, as well as the Philippines and other countries.
We defend non-permanent residents and permanent residents in matters concerning Deportation Removal and Deportation Defense, as well as issues regarding Asylum in the U.S.
Cancellation Of Removal For Non-Permanent Residents
INA §240A(b) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a non-permanent resident from the U.S. who:
- Has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) "Continuous" means that the person cannot be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
- Has been a person of good moral character for ten years;
- Is not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
- Whose removal would result in extreme hardship for his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Cancellation Of Removal For Permanent Residents
INA §240A(a) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a lawful permanent resident from the U.S. if:
- The person has been an LPR for a minimum of five years;
- He/she has resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings);
- He/she has not been convicted of an aggravated felony;
- He/she is not inadmissible from the U.S. on security grounds.
The following classes of persons are ineligible for cancellation of removal: (1) Certain crewmen; (2) Exchange visitors (in "J" status) who received medical training in the U.S.; (3) Persons who have persecuted others; (4) Persons who have previously been granted cancellation of removal, suspension of deportation (See below.) or relief under §212(c); and (5) Persons who committed certain criminal offenses prior to the accrual of the required seven years.
Removal proceedings, whether based on inadmissibility or deportability, affect the ability of a person to remain in the United States. If the person is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The person has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.
Asylum
Asylum seekers and refugees can gain legal residency status in the United States if they fulfill certain requirements under immigration law. The main differences between the two forms of relief are:
- Asylum seekers are already on U.S. soil, while refugees are outside of the United States; and
- Refugees seek help from the United Nations, while asylum applicants submit their petition to the U.S. government.
In addition, a person is eligible for a discretionary grant of asylum if there is well-founded fear of persecution by the government (or a group the government is unable or unwilling to control) on account of race, religion, nationality, political opinion or membership in a particular social group.
If you have questions or concerns regarding Deportation Removal or Asylum, contact us today for a consultation. Let our Los Angeles deportation defense attorneys help you.
