Virginia Immigration Lawyers and Attorneys for Complex Immigration Cases The Bose Law Firm Immigration Law Practice was created in 1998. Since then, the Firm has helped hundreds of individuals and businesses with their immigration matters focusing on complex removal | deportation and employment compliance matters. FACT: Immigration lawyers can be licensed in any of the 50 states and practice law in any of the 50 states. Attorney Bose is a Virginia licensed Attorney and Counsellor at Law. He can practice immigration law in any of the 50 states. General Information on Removal | Deportation and Employment
Compliance Issues
The
removal process usually begins when the DHS (Department of Homeland
Security) serves a Notice to Appear. The Notice to Appear does
not prove that you are deportable. It simply explains the basis
for the U.S. Government's claim that you have broken the law and
that you must appear in front of a Judge. The Notice to Appear
clearly states that you have a Right to an Attorney. The
process is adversarial just like a criminal case - the U.S. Government is
represented by an Attorney who is not going to look at your best
interest. You can represent yourself in the proceedings or you can
hire an Attorney to represent your interests.
An Attorney will determine whether you are eligible
for Relief from Removal. This process is not automatic and the
Government's Attorney will not assist in you filing for any form of
relief.
There are three basic forms of Relief From Removal:
Why Would a Person Be Subject to
Removal?
A person may face removal proceedings for a number of reasons. Non-citizens who 1)
have entered the U.S. without authorization;
2) have overstayed their visas; 3) have violated terms of their visas; or 4) have been convicted of certain crimes which may be subject to removal proceedings. An
alien, including a lawful permanent resident may face removal proceedings
because they have committed a certain crime. The INS usually defines these
classes of crimes as aggravated felonies; crimes of moral turpitude;
crimes of violence; and crimes involving the sale and/or possession of
illegal drugs.
Cancellation of Removal:
The first basic form of relied from Deportation | Removal
is Cancellation of Removal. This relief is ordered by the Judge and
stops the Government from moving ahead with your case. For legal
permanent residents, this relief is generally available if the person has
lived continuously in the states for 7 years after being
admitted, have been an legal permanent resident for at
least 5 years, have never been convicted of an aggravated
felony, and has not been a terrorist, crewman or
exchange visitor. Cancellation of removal is only available
once.
For non-greencard holders, Cancellation of Removal requires 10 years of continuous stay in the states prior to service of the NTA. Additionally, the relief requires a clean criminal history and proof of unusual hardship to collateral family members who are US citizens or greencard holders. Asylum:
You must show the threat or harm is because of: *
race
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