Deportation Defense and Relief from Removal
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We are people that understand the stress and frustration that is experienced in the immigration process.
We also happen to be Immigration Lawyers.
If you are an “undocumented” person in the U.S., meaning that you have no immigration status in the United States, and you are facing removal proceedings, there are still a few legal defenses our South Florida Attorneys can assist you with.
Some of the types of relief our Florida lawyers handle include, but are not limited to:
- Filing under the Violence Against Women Act (VAWA);
- Deferred action for childhood arrivals (DACA);
- Protection under the Convention Against Torture (CAT);
- Adjustment of status.
Your asylum application is also an application for withholding of removal. It may also be considered an application for withholding of removal under the Convention Against Torture.
In order to qualify for asylum, you need to establish that you are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of:
- membership in a particular social group; or
- political opinion.
Violence Against Women Act (VAWA)
The provisions under VAWA allow certain spouses, children, and parents of U.S. citizens, as well as certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, all without the abuser’s knowledge. This allows victims to be safe and independent from their abuser, and avoid having them be notified about the filing.
Who qualifies under VAWA?
- Spouse: You may file for yourself if you are/were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. Unmarried children, under 21 years of age, may be included in your petition if they haven’t filed for themselves.
- Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. You may include your children on your petition. You may also file for yourself as a child after age 21, but before age 25, if you can show that the abuse was the main reason you delayed filing.
Deferred Action for Childhood Arrivals (DACA)
DACA is for certain people who came to the U.S. as children and meet several guidelines. Those individuals may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. However, it’s important to note that deferred action does not provide lawful status on its own.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Protection Under the Convention Against Torture (CAT)
Protection under CAT is available if removal to the country will result more likely than not to you being tortured. It does not matter why you would be tortured, just that more likely than not you will be tortured upon being removed to the country.
Adjustment of Status
Normally this is a way of changing from nonimmigrant to immigrant status. Usually (among many other requirements) you need to enter the U.S. legally to qualify for adjustment. However, some exceptions to the legal-entry requirement are available. Such examples include, but are not limited to: marriage to a U.S. citizen, service in the U.S. Military, and asylum.
Our Florida Immigration Attorneys serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
Call us. We want to hear your story and share our experience.