If I am Facing Deportation/Removal Proceedings, What Options do I Have?


If I am Facing Deportation/Removal Proceedings, What Options do I Have?

Arizona immigration lawyer, Phoenix deportation help, immigration law Arizona, Ariano and Reppucci Immigration Lawyers

If you have been arrested and are facing removal proceedings by U.S. Customs and Enforcement (ICE), there are various forms of relief that may help you remain in the U.S.

If you are a U.S. Citizen you don’t have to worry about being deported because you can’t be. Sometimes people are unaware that they are in fact U.S. citizens based on a relationship to a family member. If you are a U.S. citizen you should notify the Immigration Judge immediately.

One form of relief available to those facing removal proceedings is cancellation of removal. You may be eligible for cancellation of removal if satisfy the following requirements:

1. Permanent resident (green card) for at least 5 years, and

2. Lived in the U.S. continuously for 7 years after having been admitted to the U.S., and

3. No aggravated felony conviction(s)

You may be eligible for cancellation of removal even if you never had a green card if:

1. You have been physically present in the U.S. for 10 years, and

2. You have maintained good moral character during that time, and

3. Your deportation would cause ‘exceptional and extremely unusual’ hardship to your U.S. citizen or lawful

permanent resident spouse, parent or child

Most criminal convictions would render you ineligible for this relief because you cannot demonstrate good moral character.

There are a couple waivers available to those facing removal proceedings. Under the section 212(c) waiver, if you pled guilty to a crime before April 24, 1996, your criminal conviction may be waived. In order to qualify you must satisfy the following:

1. Permanent resident (green card), and

2. Lived in the U.S. lawfully for 7 years, and

3. Not served 5 years or more in prison for an aggravated felony

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Christopher Ariano, Ariano and Associates, PLLC | Attorney Advertising

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