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notice to appear assistance
notice to appear assistance

Notice to Appear Immigration Assistance

Removal Proceedings

“What is a Notice to Appear?” If you received a Notice to Appear (NTA) from the Department of Homeland Security (DHS), you are in removal proceedings. The NTA states the reasons why the government believes that you should be removed from the US. This important document should be reviewed with an experienced deportation attorney immigration attorney as soon as possible. If you have not already, you will soon receive a notice for a hearing date with an Immigration Judge, and it is important to begin strategizing now how you will fight to stay in the US. Your Removal Proceedings hearings can be moved to a venue (location) that is most convenient to you. Molina Law Group can represent you with Notice to Appear immigration services anywhere in the US.

Removal proceedings usually have one or more short hearings and one or more long individual hearing with an Immigration Judge. Molina Law Group can represent you in these hearings and provide all assistance to help you obtain the best possible outcome.

Some forms of relief available to avoid removal from the US include:

Cancellation of Removal for Certain Permanent Residents (“42A”)

Legal Permanent Residents (LPRs) can be removed from the US after committing certain criminal acts. A one-time waiver called Cancellation of Removal can be provided to the LPR if he or she has:

  1. Been an LPR for at least 5 years
  2. Resided in the US for at least 7 years after having been admitted in any status
  3. Not been convicted of an aggravated felony, AND
  4. Not received Cancellation of Removal or 212(c) relief already.

The list of aggravated felonies includes crimes that are not felonies in criminal court. Only an experienced Deportation Lawyer/immigration attorney will be able to tell you if your conviction will disqualify you from Cancellation of Removal.

Even if you qualify for relief, you must still convince the Immigration Judge that you deserve to remain in the US as a matter of discretion. Molina Law Group has the experience necessary to assist you in obtaining a favorable decision from the Judge.

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Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (“42B”)

Anyone who is in the US without valid status may qualify for relief if he or she has:

  1. Been physically present in the US for at least 10 years
  2. Been a person of good moral character
  3. Has not committed certain crimes, AND
  4. Can establish that his or her removal would result in “exceptional and extremely unusual hardship” to his or her US citizen or LPR spouse, parent, or child

The “exceptional and extremely unusual hardship” requirement is a very high standard that is difficult to meet. For this reason, it is important to choose a Notice to Appear immigration attorney with the experience necessary to investigate your particular situation to determine what evidence should be presented.

If you or your child has been abused by your LPR or US citizen spouse, you may be eligible for VAWA (Violence Against Women Act) Cancellation of Removal. The requirements for this application are slightly more relaxed:

  1. Has been physically present in the US for at least 3 years
  2. Person of good moral character
  3. Not committed certain crimes, AND
  4. Can establish that his or her removal would result in “extreme hardship” to self and/or his or her US citizen or LPR parent or child
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Inadmissibility Waivers

In certain situations, LPRs who are ineligible for Cancellation of Removal may be able to remain in the US with the approval of an I-601 waiver if they can show that removal from the US would result in extreme hardship to their US citizen or LPR parent or spouse. Additionally, they must prove that they merit a waiver based on a number of discretionary factors including:

  • Rehabilitation from past criminal activity
  • Poor country conditions in a native country
  • Family ties in the US
  • Length of residence and legal work history in the US
  • Evidence of service to the community

Molina Law Group can help you determine whether you qualify for a waiver of inadmissibility. We can help you present the necessary evidence in the best possible light.

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Prosecutorial Discretion and Deferred Action

If you do not qualify for any other relief, or if relief is denied in your case, you may still request that the Judge administratively close your case based on an agreement with the Chief Counsel’s office that you should not be removed as a matter of discretion.

Certain people who arrived in the US as children may be eligible for Deferred Action for Childhood Arrivals (DACA). Basic eligibility requirements include:

  • Born on or after June 16, 1981
  • Came to the US before the age of 16
  • Continuously resided in the US from June 15, 2007 to the present
  • Physically present in US on June 15, 2012 and at the time of filing
  • Entered without inspection before June 15, 2012 or legal status expired as of that date
  • In school, graduated from high school, or obtained a GED
  • Not convicted of a felony, significant misdemeanor, or three or more other misdemeanors
  • Not a threat to national security or public safety

Note that generally to receive DACA you must be 15 years old at the time of filing, however, this age requirement is waived for children who are in removal proceedings.

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Defensive Asylum, Withholding of Removal, and C.A.T.

Individuals fleeing persecution in their home countries may be eligible to seek asylum in the US If you are in removal proceedings, the asylum application (I-589) must be filed with an Immigration Judge in court before the one-year anniversary of your entry to the US. However, it can also be filed earlier in order to qualify for a work permit while your application is pending before the court.

Certain individuals are barred from obtaining asylum. These include people who:

  • Have legally resettled in another country prior to coming to the US
  • Were convicted of a “particularly serious crime”
  • Pose a danger to the security of the US
  • Participated in the persecution of another person
  • Have engaged in terrorist activity
  • Have committed a non-political crime outside the US

If you are granted asylum, some family members in the US can also be granted asylum through your application, and you will have the ability to petition for other family members to come to the US After one year you will be able to apply for lawful permanent resident status. After five years as a resident, you can apply for US citizenship.

If the one-year deadline has already passed, you may qualify for an exception. If not, you may still qualify for Withholding of Removal. To win Withholding of Removal, you must successfully demonstrate that it is more likely than not that you will face persecution based on your face, religion, nationality, political opinion, or membership in a particular social group if you are returned to your home country.

If you are granted withholding of removal your family will not receive this status and you will not have the ability to become a lawful permanent resident or US citizen. You will still be granted work authorization and acknowledgment that you will not be returned to your country of origin.

If you do not qualify for asylum or withholding of removal, you may still qualify for protection under the United Nations Convention Against Torture (CAT). This is designed to protect individuals from being returned to countries where they will likely face severe pain or suffering (physical or mental) that is intentionally inflicted by a public official, with the consent of a public official, or inflicted by or with the consent of a person acting in an official capacity.

Molina Law Group can help you with the specific steps required for requesting protection in the US. Contact our office to see if you qualify or for other Deportation immigration assistance.

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Contact Us

4660 Main St. Suite 300-2
Springfield, Oregon 97478

(541) 653-8899
(855) 305-6059 (fax)

We Fight for What is Fair

At Molina Law, our goal is to ensure that you are treated fairly and with dignity.

Our compassionate staff will help you understand all of your options and provide you with honest, quality representation.

Contact Us

4660 Main St. Suite 300-2
Springfield, Oregon 97478

(541) 653-8899
(855) 305-6059 (fax)

We Fight for What is Fair

At Molina Law, our goal is to ensure that you are treated fairly and with dignity.

Our compassionate staff will help you understand all of your options and provide you with honest, quality representation.

2017 member of american immigration lawyers association

This website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website or any of the e-mail links contained within the site do not create an attorney-client relationship between Molina Law Group LLC and the user or browser. Do not send any privileged or confidential information to Molina Law Group LLC, or any of their attorneys or staff, through this website. No prior result in a case guarantees a future result that is the same. Each case we handle is individual with different facts and therefore every case is different. We cannot guarantee any specific result in your case.