Removal and Appeals
Minnesota lawyer dedicated to helping you avoid deportation
The Immigration and Nationality Act prescribes removal proceedings to determine whether you (a non-U.S. citizen) should be deported from the United States. I understand how disturbing, even frightening, it can be when you or family members receive that initial notification that you are being deported or refused re-entry into the country.
I am here to help steer you through the maze of regulations that determine your qualification to live in the United States. My goal as an immigration attorney is to get that removal order cancelled so that you and your family can stay here. This process begins with an appeal for relief from removal.
Appealing for relief from removal
Depending on your particular situation, we may appeal to the Attorney General, the Secretary of Homeland Security, immigration officials, the immigration courts, or the Board of Immigration Appeals (BIA). I have represented many clients like you in these appeals.
There are several ways to avoid removal, including the following. Each involves many rules and regulations. Keep in mind that individuals almost always need experienced legal representation to “make their cases” successfully.
Asylum—You can seek asylum within the United States if you meet the following requirements:
- You have a well-founded fear of persecution in your native country on account of race, religion, nationality, social group, or political opinion
- You meet the legal definition of refugee
- You have not been convicted of an aggravated felony
Adjustment of Status—If you are admitted and inspected or paroled into the United States, you may apply to adjust your status to permanent residence.
Cancellation of Removal—If you are a lawful permanent resident or nonpermanent resident, you may apply for cancellation of removal so long as certain eligibility requirements are met.
Voluntary Departure—In some cases, it is preferable to request voluntary departure to avoid the restrictions to reentry that apply under formal removal or deportation orders.
In each of these cases, you need qualified legal representation.
Post-judgment relief
Even if your appeal for relief from removal is denied, there are various ways to overturn or reverse the decision. These include motions to reopen your case, reconsider the ruling on legal grounds, or delay your removal. A decision can also be appealed to the BIA or the federal courts of appeals.
Dedication. Tenacity. Personal service.
Contact me at the Brian Aust law firm for assistance if you or your loved ones are threatened with deportation/removal from the United States.
