Deportation Defense FAQ
Seek Representation from Borjas Law Group, LLC.
If you are facing possible removal from the U.S., it is best to get a Chicago attorney on your side who can inform you of your rights and advise you of your options. Borjas Law Group, LLC. is here to help. Please read our deportation defense FAQ for answers to common questions about the removal process.
I received a Notice to Appear (Form I-862) from the U.S. Department of Homeland Security (DHS). What does this mean?
A Notice to Appear (NTA) is a charging document issued by the U.S. Department of Homeland Security to begin removal (deportation) proceedings against an individual physically present in the U.S. and allegedly in violation of U.S. immigration law. The NTA is an important document for two reasons. First, it serves as formal notice that an individual is being placed in removal (deportation) proceedings. Second, it contains a number of allegations by the U.S. government against the individual being placed in removal proceedings.
I received a hearing notice from immigration court. What happens if I do not attend my removal hearing?
An individual scheduled for an immigration court hearing MUST appear at the hearing. If you are late or do not show up to the hearing, the immigration judge will enter a removal order in your absence.
Can the government take away my green card?
Yes. There are a number of legal grounds that the U.S. government could use to terminate your status as a legal permanent resident. The most common ways are conviction(s) of certain serious crimes and abandonment of legal permanent resident status.
What is cancellation of removal in immigration court?
Cancellation of removal is a form of relief available to individuals in removal (deportation) proceedings.
There are three types of cancellation of removal:
- Cancellation of removal for non-permanent residents (Form EOIR-42B)
- Cancellation of removal for permanent residents (Form EOIR-42A)
- Special rule cancellation of removal (Form EOIR-42B) also called “VAWA cancellation of removal.” This special rule for cancellation of removal is for non-lawful permanent resident spouses and children of U.S. Citizens or for non-lawful permanent residents who were victims of cruelty and violence by a U.S. Citizen or unlawful resident spouse or parent.
How do I know if I am eligible for cancellation of removal?
To qualify for cancellation of removal, you must meet the following requirements:
- Prior to the service of the Notice to Appear (NTA), you have maintained continuous physical presence in the United States for ten (10) years* or more
- You are a person of good moral character
- You have a spouse, parent, or child under the age of 21 who is a U.S. citizen or legal permanent resident
- Your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or legal permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.
Alternatively, for VAWA cancellation of removal, you must show that:
- You have been battered or subjected to extreme cruelty in the U.S. by your U.S. citizen or legal permanent resident spouse or parent
- You are the non-abusive parent of a child who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent. The parent need not be abused.
- Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three years or more and you have been a person of good moral character
- You are not inadmissible and/or deportable under certain sections of the INA, and you have not been convicted of an aggravated felony as defined under the INA
- Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or legal permanent resident; or you are a child whose removal would result in extreme hardship to you or your parent
- You are deserving of a favorable exercise of discretion on your application.
* If you have been an active duty member of the military for at least 24 months, you do not need to meet the requirement of continuous presence.