We fight for clients facing deportation and removal from the U.S.A. with comprehensive strategies focused on family unity. We are experienced in representing clients in immigration courts throughout the U.S.A.
Deportation and removal proceedings before an immigration judge can be very confusing and frightening. The Cauley Law Firm has had years of experience guiding clients through the confusing terrain of deportation and removal. Each case is different and requires an experienced legal analysis to ensure that you are receiving the best possible defense in immigration court. If you have questions about your case or have an upcoming hearing and would like to set up an appointment for a consultation, please click here.
You can obtain an immigration bond if you are currently in Immigrations and Customs Enforcement (ICE) Custody. These bonds can be given by ICE themselves or if ICE refuses to grant a bond, through a hearing before an immigration judge. There are many legal circumstances which may make you eligible or ineligible for an immigration bond. Immigration bonds before the Charlotte Immigration Court currently must be done at a very fast pace. Individuals detained in North and South Carolina can be moved to Georgia and under current law, the bond must be determined before the person moves. Due to this, we recommend that you speak with an immigration attorney prior to paying any state criminal bonds if the person also has an ICE hold. Many factors may be considered for granting an immigration bond such as length of time in the country, family ties, criminal ties and overall moral character. If you would like to discuss the specifics about your case as it relates to an immigration bond, please set up a consultation and we would be glad to review your information. Due to the expedited nature of bond determinations, it is best to call the firm so that you may speak to an immigration attorney immediately.
A few of the common defenses which are called relief in immigration court, you may be familiar with.
Cancellation of Removal
Cancellation of removal is available to individuals who are not lawful permanent residents (do not have a green card). In order for you to be eligible for this relief, you would need to have been in the United States more than ten years and have qualifying United States citizen or lawful permanent resident relatives. This form of relief requires proving that the relatives would suffer an exceptional and extremely unusual hardship. Proving this case can be difficult and you should consider an experienced immigration attorney to present the case to an immigration judge.
Cancellation of removal is also available for lawful permanent residents. The requirements of living in the United States are less than the requirements for cancellation of removal for non-permanent residents. Hardship is not the standard that necessarily has to be proven, however hardship to the family members if you were deported would definitely be considered by the court. The standard for proving a case for cancellation of removal for permanent residents is basically a balancing test; the good aspects of the case outweigh the bad aspects of the case. This would be demonstrated by evidence presented to the court and again, having an immigration attorney to present your evidence to the immigration court should be considered.
Other common defenses which may be considered are:
- Adjustment of Status through US citizen spouse.
- Waivers of Certain acts such as crimes, fraud, and other grounds of inadmissibility.
- New visas for people whom are victims of certain crimes.
- Asylum/ Withholding of removal for individuals who may fear returning to their home country.
The government has currently taken the position that it may close certain cases for individuals who are in removal proceedings but meet certain qualifications. This is done on a discretionary basis and is not a formal form of relief, however, this option should be discussed with your immigration attorney whenever you are facing deportation and removal proceedings.
The information included on this page is general information as it relates to immigration services provided by the Cauley Forsythe Law Group, PLLC and does not constitute legal advice nor does it establish an attorney/client relationship. If you believe this information may assist you with your need for entry into the United States and would like legal guidance, you can contact Cauley Forsythe to learn specific information relating to this visa and how it may apply to your case.