Services > Deportation, removal and bond proceedings
Family-Based Immigration Law
Featured Waiver: I-601 A Provisional
Unlawful Presence Waiver
Employment-Based Immigration Law
PERM Labor Certifications
Asylum and Withholding of Removal
Deportation, Removal, and Bond Proceedings
Deferred Action for Childhood Arrivals (DACA)
Our firm has successfully handled the most complex cases of individuals facing removal and has helped secure the release of countless detainees. We have proven experience in preparing applications for Asylum and Withholding of Removal, Cancellation of Removal Applications and Waivers of Inadmissibility. It is important to note that asylum applications must be filed within the first year of arrival in the United States. A few exceptions exist such as changed circumstances, which could be triggered by changed country conditions in your home country. Our experienced attorneys can assess your eligibility. For many in removal proceedings who may not be currently eligible for any relief, we can help file a Motion for Prosecutorial Discretion if certain criteria are met such as a lengthy residence in the United States, close family ties and good moral character. If the government agrees to exercise its prosecutorial discretion favorably, your case will be administratively closed and you will not have to continue to appear before the immigration judge. This generous ICE policy has helped keep many families together. We also file appeals before the Board of Immigration Appeals.
If you have been ordered deported or removed, it is critical to seek the advice of an experienced immigration attorney who can evaluate if you may be eligible to file a motion to reopen. As long as you have an outstanding order of removal, you are at daily risk of ICE detention. If you are detained by ICE and have been previously ordered deported or removed, you will not be eligible for bond. If your motion to reopen is granted, you will no longer have an order of deportation or removal. You may then be eligible for release on bond if you are in detention and may also pursue applications for relief which could result in obtaining legal status. It is important to note that motions to reopen must be filed with the immigration court where you were ordered deported or removed. At Labrada Dumé and Associates, we file motions to reopen with immigration courts throughout the United States.
If you or a loved one is in deportation or removal proceedings, we can provide the prompt and aggressive representation which can help prevent deportation or removal. Deportation and removal proceedings are complex. Our experienced attorneys have the expertise needed to understand the charges against you and assess what applications for relief should be pursued. As long as you attend your hearing and present applications which you are eligible for to the Immigration Judge on a timely manner, there is an opportunity to win your case. In countless cases, our clients in deportation and removal proceedings have ended up with legal permanent residence or even U.S. citizenship rather than being deported or removed. When there is a legal battle worth pursuing, we will work passionately to advocate on your behalf. Do not dispair. Seek the professional advice of our attorneys who may not only give you hope but transform it into opportunity.
Cancellation of Removal is a form of relief from removal that is available to both lawful permanent residents ("LPR") and individuals residing in the U.S. unlawfully. It is a means by which someone who is in immigration court proceedings and at risk of removal can obtain permanent residence. Cancellation of Removal cases are extremely sensitive and require expertise to be prepared properly. Our team meticulously gathers and examines documents, obtains medical records, requests that experts testify on your behalf, acquires affidavits, and obtains critical research in order to zealously advocate on your behalf.
1. Cancellation of Removal for LPRs
(1) Has been "lawfully admitted for permanent residence" for at least 5 years;
(2) Has resided in the United States continuously for 7 years after having been admitted in any status;
(3) Has not been convicted of an aggravated felony; and "Aggravated felony" is a term of art. For purposes of federal immigration law an offense need not be “aggravated” or a “felony” to be considered an “aggravated felony”. Instead, an “aggravated felony” is any crime that Congress decides to label as such. If you have previously commit any crime, we will help determine whether you are eligible for Cancellation of Removal.
(4) Warrants a favorable exercise of discretion If Cancellation of Removal for LPRs is granted, it is granted indefinitely so long as the rules regarding permanent residence are not violated. If granted, it returns you to the same LPR status previously held, which puts you on the path to naturalization.
2. Cancellation of Removal and Adjustment of Status for Non-LPRs (undocumented, non-immigrants, etc)
(1) Has been physically present in the United States for a continuous period of at least 10 years preceding the date of the Notice to Appear (NTA);
(2) Has been a person of good moral character for 10 years;
(3) Has not been convicted of any crime(s) that renders you inadmissible or deportable; and Do not be dismayed by this requirement, as it selectively prohibits convictions of the following offenses: controlled substance violations, crimes involving moral turpitude, deportable criminal offenses, and documentary fraud. This requirement does not make people with a minor violation ineligible. Our attorneys can help determine whether you may be eligible for Cancellation of Removal even if you have a criminal conviction.
(4) Establishes that removal would result in exceptional and extremely unusual hardship to your U.S. citizen or LPR spouse, parent or child (i.e. qualifying relative).
Exceptional and extremely unusual hardship can mean different things. Through affidavits and research we can help the court understand our client's plight. Consider the following non- exhaustive list outlining documents that will show the court the hardship each qualifying relative will experience if the alien is removed
· School records of alien's U.S. citizen or legal permanent resident child
· Medical Records of the qualifying relative
· Therapy Records, Psychiatrist or Psychology Reports of U.S. citizen or permanent resident
· Evidence of Property or Assets in the U.S. belonging to the alien
· Investment/Bank Statements of alien
· Economic and political conditions in the alien's home country
In addition, while the alien's hardship is generally not relevant, our team takes your health and needs into consideration to the extent that your hardship affects the potential level of hardship to each qualifying relative. Presenting this evidence to the immigration judge has proven, in many cases, to be highly beneficial.
In the case of a Cancellation of Removal for a non-LPR, a granted application will have the effect of allowing an undocumented person to become a permanent resident of the United States. In other words, if approved, you will get your green card. After attaining 5 years of good moral character, you will then be able to naturalize and obtain your U.S. citizenship.
The 237(a)(1)(H) waiver is a humanitarian waiver that offers a second chance to immigrants who entered the U.S. but committed fraud or misrepresentation, whether willful or innocent, at the time of admission. This waiver can also be used for charges of inadmissibility for lack of a valid visa or entry document.
Congress created this waiver to prevent the break-up of families with U.S. citizen or Legal Permanent Resident ("LPR") family member(s). The Fraud Waiver applies to a limited number of immigrants. In complex cases, we will determine whether you qualify for the Fraud Waiver and will work to get your proceedings terminated and your LPR status validated back to the date of admission.
Two classes of applicants are eligible for the 237(a)(1)(H) waiver: (1) non-citizens with qualifying relative(s); and (2) VAWA self petitioners.
I. Consider the following 3 eligibility requirements for non-citizens:
1. Have a U.S. citizen or LPR spouse, parent, child;
The relationship to the U.S. citizen or LPR family member must currently exist, but need not have existed at the time of admission. In addition, your U.S. citizen or LPR spouse, parent, child, must currently live in the United States.
2. Were in possession of an immigrant visa or equivalent document at the time of admission; and
"Equivalent document" is not defined, but could include any document that allowed for the admission of a non-citizen as an LPR.
This requirement appears deceiving. Non-citizens that entered the U.S. with a non-immigrant visa may be eligible for this waiver.
3. Were otherwise admissible at the time of admission except for inadmissibility under INA 212 (a)(5)A) and (7)(A) that was a direct result of the fraud or misrepresentation
This requires that the non-citizen have been admissible at the time of admission on all grounds other than those stemming from the fraud or misrepresentation.
Inadmissibility due to the lack of a labor certification or a valid admission document will not interfere with the applicant's eligibility for the waiver, provided the lack of these documents was a result of the fraud or misrepresentation.
II. VAWA self-petitioners:
A VAWA self-petitioner must show that he or she was admitted to the U.S. and that the admission involved fraud or misrepresentation (innocent or willful).
In order to apply for the waiver, a VAWA self-petitioner can be an LPR or non-LPR. For the non-LPR VAWA self-petitioner, their status upon admission is not relevant to eligibility for the fraud waiver. In essence, the statutory limitation placed upon non-citizens, above, is not applied to VAWA self-petitioners.
We welcome all applicants to make an appointment for a consultation. We understand what factors the Attorney General will consider in determining whether to grant relief in your case. We will assist you in gathering documents, affidavits, medical records, etc, and will zealously advocate on your behalf in order to get your proceedings terminated and your status reinstated back to the date of admission.
Marilyn Labrada Dumé
Founder & Managing Partner
Marilyn Dume is the founder and managing partner of the firm. Ms. Dume earned a Juris Doctor degree from Columbia Law School in 1989. Prior to attending Columbia, Ms. Dume attended University of Pennsylvania where she received her Bachelor of Arts degree in 1986. Ms. Dume is admitted to the New Jersey State Bar.