Of the many thousands of illegal aliens and visa overstays who are subject to removal and deportation, there is a very high percentage of those who are unaware of their legal rights to remain in the United States and apply for permanent residence. Many have pending I 130 petitions filed by family members back before 2001 which can now be brought current for adjustment of status. Many others have been in the US long enough and have qualifying family members who would suffer hardship were they to be removed who could possibly seek approval of permanent residence through the Immigration Courts.
A few brief examples of clients we have helped in these situations and a link to the right page on this site for more information could be helpful to you.
We have several clients who are in removal proceedings in either San Francisco California, Reno and Las Vegas Nevada who can adjust status to permanent residence through a lawful permanent resident or U.S. citizen spouse, parent or child over 21. If they qualify they can be taken out of removal proceedings and be awarded permanent residence without the risk of being removed for failure to prove cancellation of removal.
Typically a very small percentage of aliens who are in court removal proceedings can win in court. This is because the burden of proof (exceptional and extremely unusual hardship to qualifying relatives) is very high. Typically the alien must have U.S. citizen children who are of high school age or older. Or if younger, that child must prove a severe medical disability that cannot be treated in the parent's home country to allow their parent to remain in the United States.
However in a small number of these removal cases the alien may be 245 i eligible. We have several court hearings pending in which this is the case. Now with longer delays in trial court settings (18 months or more) this gives the attorney more time to apply legal strategies to allow that alien to remain in the United States and process a family petition.
Even when the illegal or undocumented worker is not 245 i eligible, if they are married or engaged to a resident or citizen, the attorney can file a petition with USCIS and then obtain voluntary departure from the immigration court and process an I 601 waiver.
We have been very successful in gaining U.S. residence for illegal aliens or undocumented workers thought I 601 Waiver of Inadmissibility. In fact our approval rating is over 95 % for Mexican nationals and the wait in Mexico is about 6 weeks.
Is some cases our clients have been arrested by ICE and having been bonded out by the attorney now have an excellent chance of winning their cancellation of removal hearing and being awarded permanent residence by the Immigration Judge.
An example: Our attorney recently obtained a bond of release of an illegal alien who has two teen age boys. She had been arrested for domestic battery against her husband who is also illegal. Because her children are of high school and college age her changes of been granted relief from removal are very good, If they wish we may include her husband in the court proceedings and ask the court for him to be able to obtain permanent residence as well.
A note of caution: Each individual case and client is different. The above is not to be taken as individual legal advice for anyone in particular. Please consult an experienced immigration lawyer before proceeding with any filings to USCIS