Removal and Deportation DefenseLeading New Jersey removal and deportation defense attorney Cindy is dedicated to defending the rights of aliens in removal proceedings. She has helped numerous respondents obtain status in the United States. The Law Offices of Cindy Ramjattan-Paul provides quality representation to aliens and families throughout the United States.
Removal or deportation refers to legal proceedings that determine whether an individual has the right to remain in the United States. Removal proceedings are brought by the Department of Homeland Security (DHS), which includes the former Immigration and Naturalization Services (INS) and Immigration and Customs Enforcement (ICE). While some people are denied entry into the United States, it is not the same as being “removed.” Deportation usually refers to a longer process in which the government challenges the alien’s legal status in the United States.
The alien, known as the “respondent,” defends his or her right to stay in the country. This is usually accomplished by an attorney who files their application for relief. Aliens may apply for relief from removal either before or after they are placed in removal proceedings. In asylum cases, filing the application before the alien is placed in proceedings is known as an “affirmative” asylum, while filing the application in response to the threat of removal is known as a “defensive” asylum.
Eligibility for relief depends on various factors, including the alien’s manner of entry, ties to family with immigration status in the United States, and hardship to either the aliens or their families if the alien is removed to the country of origin. Aliens who were denied relief from removal by the U.S. Citizenship and Immigration Services (USCIS) can renew their applications before an immigration judge after receiving a notice to appear (NTA) before the court.
Available forms of relief from removal and their basic elements include:
Political Asylum (Affirmative and Defensive)
- One-year eligibility rule (filing within one year of arrival or explain why not)
- Credible fear of past or future persecution in country of origin
- Based on race, religion, national origin, or membership in particular social group
- Usually filed with applications for Withholding of Removal and relief under the Convention Against Torture
Cancellation of Removal (Legal Permanent Residents LPR and Non-LPRs)
- Continuous residence in the United States for 7 or 10 years
- Good moral character, no convictions for aggravated felonies
- Exceptional and extremely unusual hardship to citizen or LPR relative
Criminal Alien Defense
- Aggravated Felonies
- Crimes Involving Moral Turpitude
- Other crimes affecting immigration
Waivers of Inadmissibility
- Former 212(c) relief for aliens who had such relief available at time of their plea
- 212(d)(3) Nonimmigrant Waiver for “rehabilitated” aliens who were deported, overstayed, or subject to 3 or 10-year “unlawful presence” bars to admission
- 212(h) Waiver for criminal convictions requiring hardship to qualifying relative
- 212(i) Waiver for document violations (fraud/misrepresentation)
- Waivers for nonimmigrants, smuggling, and health-related grounds
Although these forms of relief are filed on relatively simple forms, they require substantial documentation and supporting evidence. Many “notaries” and even family members have duped vulnerable aliens into believing they could file these forms on their behalf using fraudulent or false information. Some non-attorneys charge very expensive fees, and have disastrous immigration consequences for the alien in the future. That is why it is important to have a qualified representative advocating for your rights during removal proceedings. In fact, many judges not only recommend, but expect you to hire a lawyer before filing immigration pleadings or presenting your case in court.
Experienced New Jersey removal and deportation defense lawyer Cindy has years of expertise defending immigrants in removal proceedings. She is familiar with the immigration officers, judges, and DHS trial attorneys who work together to determine your right to remain in the United States. At the Law Offices of Cindy Ramjattan-Paul, we understand immigration proceedings are long and stressful. That is why we are dedicated to making your priorities our own, and giving you the highest quality service available.