Immigration Law

As a result of the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1996 deportations of foreigners have increased exponentially. Due to the harsh provisions of these laws, even small misdemeanors can result in removal, regardless of how long one has been a legal permanent resident. Further violations that could lead to removal include staying beyond the period authorized, failing to abide by the conditions of your status, or entering without proper documents.

Cancellation of removal

Cancellation is available to individuals who have been placed in removal proceedings. Lawful permanent residents may be eligible for cancellation if they have been in a legal permanent resident for more than 5 years, within the United States for at least 7 years, and have not been convicted of an aggravated felony.

Cancellation is also available to anon-permanent residents of the United States in any immigration status with ten years of continuous physical presence in the United States showing good moral character and who can show exceptional and extremely unusual hardship to a qualifying United States citizen or permanent resident spouse, parent or child.

Legal representation in removal proceedings would entail oral or written argument presented to the Immigration Judge. If an appeal is necessary, it would be directed to the Board of Immigration Appeals.