Helping Clients Stay In The United States

The federal government is focused on speeding up the removal of immigrants throughout the United States. Naturally, many people in Georgia fear they will be forced to leave the country. While orders of removal can often be postponed or avoided with the help of a skilled attorney, it is often — unfortunately — the case where those most in need of legal services often fear they cannot afford them.

The attorneys at Access To Law Foundation firmly believe that no one should be denied high-quality legal support based solely on an inability to pay. As such, our lawyers offer needs-based counsel and representation to individuals throughout Georgia and the Southeast. We have a depth of experience in immigration matters, and a record of success at helping individuals stay in this country. With offices in Norcross, we're available by appointment in Moultrie and stand ready to assist wherever you are. Contact us today to learn more.

Who Can Stay?

An order of removal can affect any foreign-born person in the U.S., whether a lawful permanent resident (LPR) or not. Forms 42A and 42B offer a means of Cancellation of Removal. But a successful filing requires skill, including a great deal of documentary proof and meeting several levels of qualifying criteria.

Cancellation requests are granted on a case-by-case basis — immigration judges have a great deal of discretion in deciding outcomes. There are, however, general requirements that petitioners must meet:

  • Lawful Permanent Residents (LPRs) need to have lived in the country for at least seven years, and to have maintained LPR status for at least five years. They cannot have been convicted of an aggravated felony or certain other crimes, and must show that they have not previously received Cancellation of Removal. They must also demonstrate that their removal from the country would cause extreme and unusual hardship for any children, spouse or parents still residing in the U.S. as LPRs or citizens.
  • Nonpermanent residents can seek Cancellation if they have been in the United States, and lack certain criminal convictions, for a period of at least 10 years. They must also demonstrate that their removal would cause an extreme and unusual hardship for immediate family members (children, spouses and parents) residing in the U.S. as LPRs or citizens.

Our lawyers provide knowledgeable and effective representation in such cases. We can guide you around common legal mistakes and ensure you provide the documentary proofs necessary to your pending petitions.

Voluntary Departure

Even if you don't qualify for removal defense, you still have options to improve your chances at eventually obtaining legal status. If you are forcibly removed from the U.S., you are not permitted to re-enter for a period of at least 10 years; however, if you request voluntary departure — that is, if you leave the U.S. under agreement — you may be permitted to return after a period of time in your home country and sometimes requesting a waiver. (Although, of course, returning to the U.S. lawfully is contingent upon obtaining a valid visa to do so.)

You may only request voluntary departure at certain times during removal proceedings, and you may be asked to post bond and follow other regulations demanded by an immigration judge — the process is not very straightforward. Our lawyers can help you navigate it successfully.

Immigration Bonds

Federal agents are arresting undocumented immigrants with unprecedented frequency. If you or a loved one has been detained, there is a potent means to be released from detention. Namely, some individuals are able to post a bond and remain free pending a final hearing.

As with all areas of immigration law, however, posting bond can be a complex undertaking. The process entails far more rules and regulations than typical bond proceedings. It requires a certified check or money order for the full bond amount, which is typically between $1,500 and $20,000. Our Foundation can guide you through every step of the process and ensure rights and interests are protected.

We're Here When You Need Help

To learn more about how our firm can help you in your efforts to remain in the U.S., reach out to us by calling 770-729-4753 or by sending us an email. We're always ready to assist.