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Immigration Court and Removal
Immigration Court and Removal Proceedings
Being in removal proceedings can be an extremely stressful process for you or your loved ones. We are here to help you through this difficult time.
Removal proceedings are court hearings held before an immigration judge to determine whether an individual can stay in the United States. An individual is “placed in removal proceedings” when the government starts the process for an order of removal. Removal proceedings commence when a U.S. immigration official files a “Notice to Appear” with the Immigration Court. If you have been placed in removal proceedings, it is extremely important for you to attend your court hearings.
While in removal an individual, if eligible, may seek relief from removal through various options such as cancellation of removal, asylum, withholding of removal, or adjustment of status. At The Love Law Firm, LLC, we are prepared to listen, to examine your case carefully, and to evaluate removal defense strategies with you. We understand the complexities of immigration court and will work diligently to prepare the strongest case possible.
Asylum is a legal protection available to people who have been persecuted or fear persecution in their home country. To apply for asylum, you must be physically present in the United States and generally must file before having been in the country for a year.
There are several requirements that you must meet to be eligible for asylum. First, you must show that you have a well-founded fear of persecution on account of your race, religion, nationality, political opinion, or membership in a particular social group. Second, you must show that you fear returning to your home country.
If you are granted asylum, you will be allowed to stay and work in the United States. One year after your Asylum is granted, you will be able to apply for a green card. You will also be eligible to apply for US citizenship after five years. (include link to naturalization page).
Asylum is not limited to individuals in removal proceedings. Should you or a relative find this process applicable to you and would like additional details, kindly contact our office to schedule a consultation with one of our expert immigration attorneys.
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) allows certain undocumented children who have been abused, neglected, or abandoned by one or both parents to obtain lawful permanent residence in the United States. The child must show that it is in his or her best interests to stay in the U.S.
SIJS involves two processes: first, a process in a state court to be declared dependent on the court for care and protection; then, a petition with U.S. Citizenship and Immigration Services (USCIS). To start the first process in Alabama, the child must be under the age of 19. The petition with USCIS must be filed before the child turns 21.
If USCIS approves the SIJS petition, the child will be granted lawful permanent residence in the United States after a waiting period. SIJ’s will be eligible to apply for employment authorization during this period.
SIJS is a valuable immigration benefit for children who have been abused, neglected, or abandoned by one or both of their parents. It can provide these children with a path to a safe and stable life in the United States. Please call our office for more information on this beneficial process for unaccompanied children.
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