Menu

Deportation/Removal

G&S has a team of dedicated attorneys, paralegals and legal assistants who work hard to defend clients in removal proceedings before the immigration court. G&S will be with you or your loved one from start to finish on the long and difficult battle to avoid deportation!

If you or someone you know has been arrested by ICE or placed in removal proceedings, contact our team for an initial consultation. We will meet with you in person at our Indianapolis office, via Skype in our satellite office in Goshen, Indiana, or over the phone to evaluate what form(s) of relief you might be entitled to and build the strongest defense possible.

Some of the most common forms of relief we request before the Immigration Court include:

Cancellation of Removal

Cancellation of Removal is a form of discretionary relief that an Immigration Judge may grant to an individual who has continuously resided in the United States for at least 10 years prior to being placed in removal proceedings, has a qualifying U.S. citizen or Lawful Permanent Resident spouse, parent, child or stepchild, has no disqualifying criminal convictions, is a person of “good moral character” and whose removal would cause “exceptional and extremely unusual hardship” to their qualifying relative(s).

To determine if you qualify for Cancellation of Removal our team would evaluate the following:

    • Have you continuously resided in the United States for more than 10 years prior to being issued a Notice to Appear (NTA) and being placed in removal proceedings?
    • Do you have any disqualifying criminal convictions?
    • Do you pay taxes and have “good moral character”?
    • Do you have a U.S. citizen or lawful permanent resident spouse, child (under age 21) or parent?
    • Would your possible deportation cause “exceptional and extremely unusual” hardship to your qualifying relative(s)?

Family-Based Defenses:

If you have a U.S. citizen or Lawful Permanent Resident family member within an immediate relative visa category (Spouse, Parent, or Child over 21 years of age), you may be entitled to pursue a path to obtain your green card and avoid deportation.

To determine if you are entitled to any of the family-based defenses, schedule a consultation with our team to evaluate your options:

  • I-130/I-485 Adjustment of Status
    • Did you enter the United States with a non-immigrant visa (i.e. B1/B2 tourist visa, student visa, etc.)?
    • Are you the beneficiary of an approved I-130 Petition?
    • If you entered without inspection, are the beneficiary of a family-based visa petition filed on or before January 14, 1998? Were you physically present in the United States on December 21, 2000?
      • You may be eligible to adjust status under Section 245(i) of the LIFE Act
    • Is your U.S. citizen child a member of the U.S. Military?
      • You may be entitled to adjust status without having to depart the United States through a special program called “Parole in Place”.
  • I-130/I-601A Provisional Waiver
    • Are you married to a U.S. citizen or Lawful Permanent Resident (LPR)? Or do you have a U.S. citizen parent
    • How many times have to entered the United States after April 1, 1997?
    • Would your U.S. citizen or LPR relative suffer “extreme hardship” if you were deported?

Voluntary Departure

If you do not qualify for any immediate path to lawful status, you may be entitled to a discretionary form of relief called Voluntary Departure. By requesting Voluntary Departure from an Immigration Judge you will be granted up to 120 days to depart the United States. Once you have returned to your native country, you may be entitled to re-enter the United States sooner than expected if you qualify for a non-immigrant visa and obtain an I-212 waiver of unlawful presence.

Most immigrants qualify for Voluntary Departure, however, it is best to consult with an attorney prior to requesting Voluntary Departure.

    • Do you have a valid passport?
    • Have you been convicted of an aggravated felony or terrorism-related offense?
    • Have you ever been granted Voluntary Departure by an Immigration Judge in the past?

Remember this is not an exhaustive list of possible forms of relief. Each individual case is unique and should be thoroughly evaluated by an Immigration Attorney to build the strongest defense for your case. If you or a loved one is facing deportation, contact us immediately to evaluate your case!

Schedule a Consultation