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Immigration Court, ICE & Appeals

If you were removed in absentia but never received a written notice of your hearing, or you were given ineffective assistance of counsel, your case could be reopened or appealed in Immigration Court. Let our Nashville immigration lawyers review your case and determine if you qualify for one of the following types of relief:

Asylum

You may be able to apply for asylum if you have been in the United States for less than a year and fear persecution should you return to your country of birth. You may feel threatened due to your religious beliefs, nationality, membership in a particular social group, race, sexual orientation, or political opinion. You may also be fearful because you are from a country that does not respect human rights. The claim for asylum can be tied to more than one ground. However, be aware that requesting asylum in the United States involves much more than merely filling out a form stating, "I was persecuted so I fear to return." Cole Law Group’s immigration team can assist you in determining whether you qualify for asylum.

Cancellation of Removal for Non Legal Permanent Residents

Those who are not legal permanent residents and are in removal proceedings may still be able to obtain cancellation of removal. If you can prove that you have been continuously present in the United States for 10 years, have good moral character, and have an immediate relative who would suffer extreme hardship with your deportation, you may be able to apply for this relief and obtain work authorization while in Immigration Court proceedings.

Cancellation of Removal for Legal Permanent Residents

Legal permanent residents in removal proceedings can also obtain cancellation of removal. If you can prove that you have been continuously present in the United States for the past 7 years, have good moral character, and you or a qualified relative would suffer extreme hardship with your deportation, you may be able to apply for this relief.

Special Immigrant Juvenile Status

If you are an immigrant child who has been neglected or abandoned by your parents or one of your parents, you may qualify for this status and subsequently a green card. You may need to wait in the U.S. after the approval of your status as a Special Immigrant Juvenile (SIJ) until there is an available visa to adjust status as a legal permanent resident. This process may involve different agencies: USCIS (applications for SIJ and Adjustment of Status), the State Court (to obtain the SIJS predicate Order), and the Immigration Court (if the minor child is in removal proceedings). The requirements to request the State Court Order varies by state.

Withholding of Removal or Convention Against Torture (CAT)

If you have been in the U.S. for over 1 year and fear persecution or torture if returned to your home country, you may be able to apply for this relief. The burden of proof for this relief is higher than that of asylum.

Violence Against Women Act (VAWA and U-Visa)

If you have been abused by your spouse, child, or parent, or have been a victim of a qualifying crime in the U.S., you may be able to apply for either one of these forms of relief and obtain a path to adjust status as a legal permanent resident. If you were deported but the crime occurred in the U.S., you may be able to apply for this relief and come back into the U.S.

Adjustment of Status

If a family member petitioned for you on or before March 2001, and you are the immediate relative of a U.S. citizen or a permanent resident who has a currently approved family petition on your behalf, you may be able to adjust your status in Immigration Court. You can also adjust your status if you entered the U.S. with a Visa, you have not left the U.S., and you have an approved I-130 petition. Additional requirements may apply. You need to consult with one of our Nashville immigration lawyers to know whether or not you can apply for either one of these forms of relief.

ICE

If you are in ICE custody or serving time in jail with an ICE hold, you may have options available to you such as the following:

Deferred Action

ICE has Discretionary Decision Making Authority to classify some cases as low priority enforcement, deferring action on those cases to focus and allocate resources in high priority cases. These are options to help you temporarily remain in the U.S. when you are in ICE custody/jurisdiction, but it will not give you legal status. An individual granted deferred action can apply for a work permit.

ICE Stay of Removal

ICE's Administrative Stay of Removal (ASR) is a discretionary tool that can temporarily delay the removal of an individual with a final order of removal or reinstated Expedited Order of removal. An ASR can be granted in cases involving compelling humanitarian factors or those in which the stay of the individual's removal is in the best interests of the government. There is a fee for this administrative decision. Some individuals are kept in ICE custody pending the decision, while others are released upon the filing of an approved ICE bond (after a scheduled Custody redetermination interview before the assigned deportation officer).

Continued Presence

This is a temporary immigration status given by ICE (LEA) to victims of human trafficking. It is normally approved for one year with one year increments. Your Cole Law Group immigration attorney in Nashville can advocate and coordinate this process between the Law Enforcement Officials and the ICE Victim Assistance Coordinator.

Order of Supervision (OSUP) / Request for Ankle Bracelet Monitor

Cole Law Group immigration attorney will need to review your case thoroughly to determine whether or not we can make this request to ICE on your behalf. When ICE releases you on an OSUP, you must check in with them periodically, and you cannot miss a date. This alternative is available when you are awaiting the decision on a pending appeal or Motion to Reopen. An individual granted an order of supervision can apply for a work permit.

Appeals

You have the right to appeal your case, but you have to do it within a certain time period. Whether your appeal is before the Immigration Court, the Board of Immigration Appeals, the Sixth Circuit Court of Appeals, or related to the United States Citizenship and Immigration Services (USCIS), our Nashville immigration lawyers are here to help.

Attorney Andy Goldstein, who heads our immigration team, is admitted to practice in all Tennessee state courts and the EOIR Immigration Courts.

Contact Cole Law Group today at (615) 490-6020 or send us a message via our Contact page to schedule a consultation and determine whether you are eligible for these forms of relief.

Client Reviews
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“Todd Cole, Attorney at Law, is well-educated and knowledgable. He and his staff work extremely hard to support your case. They are a professional group that shows compassion for what you have endured in a situation that requires legal advice and support. I recommend them wholeheartedly.” C.W.
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