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Deportation & Removal Defense

What should I know about deportation orders?

What should I know about deportation orders?

As an immigrant to the United States, one of the most nerve wracking scenarios are the idea that the Immigration department will conduct a raid. The primary goal behind immigration raids are to find those who have deportation orders against them and act upon those orders. A lot of the time, people aren’t even aware of the fact that a deportation order has been issued against them. Of course, when an ordered has been issued against you, you worry about whether or not your family is safe and what will happen if ICE knocks at your door or comes to your job.

Deportation orders may be issued if you failed to attend your deportation hearing with the court. If you are unsure whether or not a deportation order has been issued against you, you can call 1-800-898-7180 and enter your 9-digit A number. If it turns out that you have in fact been issued a deportation order, you should contact an experienced immigration attorney immediately. Your attorney should accompany you to your hearing date. If a deportation order has been issued, you should make plans to have your children cared for in the event that you become detained. If you become detained, it is important to contact your attorney who can help you through this difficult time.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

If the waiver gets approved how long would my spouse have to leave the US?

  • It really depends on the type of waiver. If we focus on a spouse petition, a US citizen spouse, and the spouse has filed a 601A provisional waiver, then that spouse generally is returned within one week.
  • There’s a separate type of a waiver. For example, there’s nothing to deal with the out-of-status time and some more of a criminal or other immigration violation. Those individuals can stay out of the country for six months to a year. It depends on the country.

Can i apply for my parents who are undocumented, if I am a 21 years old US citizen?

  • Parents would have to return to Mexico to obtain an immigrant visa if they’re not 245(i) eligible. Unfortunately they’re not going to be eligible for a waiver because most of those parents have been illegally in the United States for one year or more so as soon as they leave the United States to obtain their immigrant visa, they start a ten year bar from returning to the United States.
  • For a spouse or a child there are waivers eligible so he or she can come back to the United States. However, for a parent of a USC, they are not eligible for a waiver.
  • That waiver was abolished under the new IIRIRA laws in 1996 so if your parent returns to the home country so that a waiver can be filed, please be aware that parent is going to have to remain outside of the United States for ten years before a waiver becomes eligible for him to return.

 

Can I apply for waiver if my US citizen sibling files for me?

  • Yes, but the sibling is not a qualifying relative for the waiver so what that means is you need either a parent or a spouse and depending on what type of waiver. Sometimes children are qualifying relatives.
  • Depending on the waiver if you have those other family members in the United States that are permanent residents or citizens, then and only then will you be eligible to file for a waiver.

 

What is 212C relief and who qualifies?

  • 212C Relief is relief from deportation for legal permanent residents who were convicted of a crime prior to 1996.
  • It could be a drug-trafficking crime or any other aggravated felony. It’s only limited to those crimes where the conviction took place prior to 1996.
  • To be eligible for that, you just have to show that you’ve been in the United States for five years, and that your deportation would result in extreme hardship to yourself or to your family.
  • So if you do find yourself in that position and you have an aggravated felony conviction that was pre-1996, don’t think you’re going to be deported.

I have been in the United State for 10 years, can I get a Green Card?

  • You can obtain a Green Card if you have been in the United States for 10 years if you are in deportation proceedings.
  • Many of my clients are in deportation proceedings due to committing a crime. After serving their sentence, they are automatically taken to The Department of Homeland Security and placed into custody. If you find yourself in that position, you are eligible to apply for a Green Card in front of the immigration judge if you can satisfy the following requirements:
    • You have to be a person of good moral character, which means that you can not have been convicted of an aggravated felony or a crime involving moral turpitude with a maximum sentence of one year or more and the sentence was six months or more.
    • You also have to show that your deportation would result in an exceptional hardship to your permanent resident or citizen spouse, children, or parents.

 

What are the differences between LPR cancellation removal and non-LPR cancellation?

  • It depends. If you were a legal permanent resident, which we call LPRs, and you’ve been convicted of certain crimes, you can be deportable.
  • What’s important to remember is that some felonies make you deportable, some felonies don’t. Some misdemeanors make you deportable and some misdemeanors don’t.
  • To be eligible for cancellation of removal for a legal permanent resident, you have to show that you entered the United States at least seven years ago, prior to the violation date of the deportable offence.
  • You have to show that you have had a Green Card for at least five years. Then you also have to show, lastly, that your deportation would be a hardship to you or to your family. That last question is really a decision for the judge to make.

 

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Milwaukee

234 West Florida Street, Suite 203 Milwaukee, WI 53204

(414) 312-5579

Green Bay

314 South Madison Street Green Bay, WI 54301

920-843-9683