While being placed in removal proceedings rightfully seems like a scary proposition, the fact is that it is sometimes the most effective way to gain permanent resident status. If you have been denied permanent residence in an employment based or family based case, one way to challenge that denial is to present your case to an immigration judge once you have been placed in removal proceedings. The big advantage is that you will be in a forum where rules of evidence apply in a flexible way, and you can often effectively bring in witness testimony, or expert testimony, or even lie detector results that will substantially strengthen your case, and that you could never have presented before an immigration officer. As a result you can very often win cases in immigration court that you could never have won before the USCIS.
With strong legal counsel the opportunities for turning removal proceedings into a positive experience are quite real for many people.
For example, if you had an adjustment case where you could not prove you entered the United States with inspection, in immigration court you will have the opportunity to present testimony of witnesses or other evidence to meet your burden of proof showing an entry with inspection. Or if the issue is establishing that you qualify for a waiver, you can have a psychologist testify to the problems you or your family face. The result is that you can often convince an immigration judge that you qualify for permanent resident status in situations where you had little chance when presenting the case administratively before the USCIS. So if you have a good basis for qualifying for permanent resident status, your best chance to do so will often be before the immigration judge.
Or you may qualify for asylum and will be able to establish your case best before an immigration judge. People who have been in the United States for more than 10 years prior to being placed in proceedings and can show extreme hardship to a U.S. citizen or permanent resident spouse, parent, and or child can qualify in court for cancellation of removal, and this relief will in turn be converted into permanent resident status.
With strong legal counsel the opportunities for turning removal proceedings into a positive experience are quite real for many people. Set up a consultation with Landau, Hess, Simon, Choi & Doebley, and find out what possibilities you might have for permanent resident status through immigration court.
July 2, 2020Update to Trump Proclamation Suspending Entry of H-1B, H-2B, J-1 and L-1 Nonimmigrants
This is an update to our previous post regarding the Presidential Proclamation restricting new H-1B, H-2B, J-1, and L-1 holders….More