Providing Strong Removal Defense in the DC Metro Area & Nationwide
There is no more stressful situation for an immigrant than facing removal from the United States. Removal proceedings, more commonly known as “deportation,” means an immigrant will be forced to part from his or her family and business to be sent back to their country of origin. It may then be impossible to return to the U.S., the country he or she called home.
What Are Common Reasons for Deportation?
Immigration authorities can initiate deportation proceedings to send a person back to their home country for a variety of reasons:
• Criminal convictions, such as violent crimes, domestic violence, drug offenses, firearm violations, and other deportable crimes
• Overstaying your visa, such as staying longer than your tourist visa allows
• Immigration fraud, which can include using fraudulent documents to obtain a green card or engaging in marriage fraud
• Entering the US illegally
• Failure to notify USCIS of an address change
• Regardless of the reason, it is important to have a removal defense attorney in Rockville on your side who can help you fight your deportation proceedings
What Are Your Legal Options When Facing Removal Proceedings?
Fortunately, the immigration laws of the United States do allow for certain actions to be taken when removal proceedings are imminent.
Immigrants facing deportation or removal can apply for the following:
• Asylum for refugees and those facing danger in their home country
• Cancellation of removal for permanent or nonpermanent residents to apply for an adjustment of status to being lawfully admitted, if specific conditions are met
• Waivers from deportation, such as 212(i) waivers, 212(c) waivers, or I-601 and I-601A waivers
Committed to Protecting the Human Rights of Immigrants Nationwide
At Yacub Law Offices, a deep-rooted commitment to human rights and the protection of refugees is in our DNA. For that reason, our firm is the vanguard of asylum law litigation. With more than 20 years in practice, our team has a long history in this complex area of U.S. immigration law and are well-recognized for our work in helping clients seek asylum.
Who is Eligible to Apply for Asylum in the United States?
Asylum is the legal procedure for immigrants seeking protection in the United States from persecution or fear of persecution in their home countries.
This includes fear of violence or threats due to:
• Political stance
• Membership in a certain social group
If you are eligible based on one or more of the categories listed above, you must apply within one year of your arrival to the U.S.
How to File for Asylum in the United States?
First, you must be physically present in the United States, and have been here less than a year to apply. You must also remain in the United States during the application process.
File application: You must file Form I-589 with the United States Citizen and Immigration Services (USCIS). This application may also apply to your spouse and any children who are under the age of 21.
Fingerprint and background check: You must submit to a background/security check and have your biometrics collected during the appointment.
Interview: You will need to schedule and undergo an interview with the USCIS officer, who will ask you about your experiences in your home country. You may have an attorney present.
Decision: You will be notified of your application approval or denial if you pass all the requirements
It is important to note that the procedures and qualifications for seeking asylum have recently changed for certain countries and immigrants. Consult a Rockville attorney for more information on the requirements for your home country.
Past Victories in Asylum Cases
Our first major victory and expansion of refugee rights happened while Attorney Ivan Yacub was a law student and worked in conjunction with a newly minted lawyer from Baltimore. The issue in that case was whether a Romanian refugee who arrived in the United States as a stowaway could obtain an asylum hearing in front of the immigration court. The regulations did not permit stowaways to challenge their deportation or exclusion in immigration court. However, it was successfully argued through a habeas corpus petition that the regulations were not consistent with the statute.
After that case, in Maryland, refugee stowaways began to have adversarial hearings in front of the immigration court. This was the first of many decisions which reshaped asylum law in the United States. In 2015, Yacub Law argued successfully that a woman who refused to permit the criminal gangs to recruit her son qualified for asylum. The case is Hernandez Avalos v. Lynch, 784 F.3d 944 (4th Cir. 2015). In this case, the asylum applicant was able to prevail even though she received threats from the MS 18 gang.
In 2017, Yacub Law Offices was again at the Fourth Circuit arguing a precedent setting case in asylum jurisprudence. Again, Yacub Law successfully argued, Zavaleta Policiano v. Sessions, 873 F.3d 241 (4th Cir. 2017). This time, our firm argued that the daughter of a businessman who was targeted by gangs because of her familial relationship qualified for asylum. The Fourth Circuit agreed and remanded this case to the immigration court for the issuance of a new opinion. This case, the client feared the MS 13 gang and was able to win her asylum in the United States.
What Is Removal Proceedings in Immigration?
Removal proceedings, or deportation in immigration law, refers to the hearings that are held before the immigration court or an immigration judge, which determines whether a person who is not a United States citizen may stay or must be removed from the U.S.
Let Our Removal Defense Lawyers in Rockville Fight for You
Each of these options have specific conditions and may not apply to all immigrants facing removal. At Yacub Law Offices, our deportation defense attorneys in Rockville will help you explore your legal options and provide you with a detailed strategy on how to proceed with your specific case.