ASYLUM

The right to asylum is a fundamental human right, enshrined in the Universal Declaration of Human Rights. It means that if you are forced to flee your country because of persecution, conflict, or violence, you have the right to seek safety in another country.

If you are granted asylum, you will be given protection by the government of the country you have sought refuge. This means that you will be allowed to stay in the country and will not be returned to your home country unless it is safe for you to do so.

Asylum seekers are often forced to flee their homes with only the clothes on their backs. They may have witnessed atrocities or been subject to violence themselves. Many have been separated from their families and are living in limbo, not knowing what the future holds.

The process of seeking asylum can be long and arduous and often takes place in difficult and challenging circumstances. But despite the challenges, asylum seekers have a fundamental human right to seek safety from persecution. We can assist asylum seekers through this difficult journey toward safety.

Those who are seeking asylum can face many unplanned complications, whether filing an application with U.S. Citizenship and Immigration Services or defending yourself before the Immigration Court. The process of seeking asylum can be complicated and difficult to navigate, and there are often many hurdles to overcome. Here are some of the potential complications that can arise when seeking asylum:

• You file your application for asylum more than one year after arriving in the United States
• The application process can be complex and difficult to navigate, especially when English is not your native language
• There are long waiting times for a decision on an application
• Not knowing the type of supporting documentation that is needed to make a strong case
• The United States asylum laws are difficult to analyze and even if you do not have an attorney, you must still meet the stringent requirements
• You have a serious criminal record
• Circumstances in your home country have changed
• If the application is approved, the individual may still face challenges in getting access to services and integrating into their new community

These are just some of the potential complications that asylum seekers face. The reality is that the asylum process can be very difficult and complicated, and it is often hard for people to steer. If you are seeking asylum, it is important to seek out support and resources to help you through the process. Our law firm can guide you from beginning to end to ease your situation.

We provide comprehensive asylum and refugee legal services in Denver and the surrounding areas that are based on our many years of service to our community.

CANCELLATION OF REMOVAL

Cancellation of removal is a form of relief from deportation that is available to certain non-permanent residents and lawful permanent residents. If you are granted cancellation of removal, it will cancel your removal proceedings and allow you to remain in the United States.

To be eligible for cancellation of removal for certain non-permanent residents, you must meet certain requirements. These requirements include:

• You must have been physically present in the United States for a continuous period of at least 10 years before being placed in removal proceedings
• You must show that you are currently a person of good moral character and during the 10-year period
• You must demonstrate that your removal would result in “exceptional and extremely unusual hardship” to your spouse, parent, or child, who is a U.S. citizen or lawful permanent resident

If you meet these requirements, you may be eligible for cancellation of removal. However, cancellation of removal is a complex area of law, and there are many factors that can affect your eligibility for this relief. For example, sufficiently proving exceptional and extremely unusual hardship can be very difficult in many cases.  Many cases are denied based on not meeting the hardship requirement.  Cancellation of removal approvals are limited in number per fiscal year.  As many foreign nationals who are removal proceedings apply for cancellation of removal, it is vital that the foreign national present a strong case, especially regarding hardship.

The requirements for cancellation of removal for certain lawful permanent residents are different than in the situation above: 

• You obtained lawful permanent residency status lawfully.
• You have not been convicted of an aggravated felony.
• You have been a lawful permanent resident for at least five years.
• You have at least seven years of continuous residence in the United States.

Unlike cancellation of removal for certain non-permanent residents, lawful permanent residents applying for this form of relief do not need to show hardship. 

Cancellation of removal is a process that can be difficult to undergo. There are many requirements that must be met to be eligible for cancellation of removal, and the process can be complicated. An already stressful situation can become even more stressful when trying to figure out the type of documents needed to show hardship or physical presence in the United States.  Additionally, the analysis of criminal acts and whether acts constitute an aggravated felony for immigration purposes is an extremely narrow area of immigration law.

Cancellation of removal is a form of relief that can only be sought before the Immigration Court.  If you are eligible for cancellation of removal, you will need to file an application with the Immigration Court and present your case before the Court.  A government attorney is also present in the courtroom to advocate for the foreign national’s removal from the United States.  Your application will need to include evidence that supports your claims of eligibility and exceptional and extremely unusual hardship.

If your application is granted by the Immigration Judge, you will be allowed to remain in the United States.  The number of grants, however, outnumbers the available visas per year.  As a result, the issuance of a green card following a grant of cancellation of removal will not occur for a long time, likely years into the future.  If your application is denied, you have the right to appeal the decision to a higher court, the Board of Immigration Appeals, or you will be required to leave the United States.

WAIVERS

In deportation proceedings, waivers from relief of removal serve as important legal tools that allow certain non-citizens to remain in the United States despite being found removable under immigration law. These waivers are exceptions granted under specific statutory provisions and are typically based on humanitarian considerations, family unity, or other compelling circumstances. Common forms of relief that may involve waivers include cancellation of removal, adjustment of status, asylum, and waivers of inadmissibility under sections like INA § 212(h) or § 212(i).

One of the most widely used waivers is the INA § 212(h) waiver, which can forgive certain criminal grounds of inadmissibility if the individual can demonstrate extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. Another important waiver is under INA § 212(i), which can waive inadmissibility due to fraud or misrepresentation, again based on showing extreme hardship to qualifying relatives. These waivers are discretionary, meaning that even if an applicant meets all eligibility requirements, the immigration judge or U.S. Citizenship and Immigration Services (USCIS) may still deny relief based on the exercise of discretion.

Waivers play a critical role in balancing the enforcement of immigration laws with compassion and fairness, particularly in cases involving long-term residents, individuals with U.S. citizen family members, or those with significant ties to the community. The success of a waiver application often depends on the strength of the evidence presented, especially regarding the hardship that removal would cause to qualifying relatives. As such, careful preparation, including legal counsel and thorough documentation, is essential for individuals seeking to avoid deportation through a waiver-based form of relief.

CRIMINAL MATTERS

Criminal convictions can have severe immigration consequences and are a common basis for initiating deportation proceedings against non-citizens. Under U.S. immigration law, certain criminal offenses—such as aggravated felonies, crimes involving moral turpitude (CIMTs), drug offenses, and domestic violence—can make a person removable, inadmissible, or ineligible for various forms of relief. For example, a lawful permanent resident convicted of an aggravated felony may not only be subject to removal but may also be barred from relief such as cancellation of removal or reentry into the United States. Even seemingly minor offenses under state law can carry serious immigration consequences if they fall within the categories defined by federal immigration statutes.

In deportation proceedings, the nature and classification of the criminal act are critical. Immigration judges rely on the record of conviction to determine whether an offense qualifies under immigration law definitions, which may differ from how state laws define the crime. The “categorical approach” is often used to analyze whether a particular conviction matches the elements of a removable offense under the Immigration and Nationality Act (INA). Additionally, a criminal conviction can also affect an individual’s credibility and discretionary eligibility for relief such as asylum or adjustment of status. As a result, both non-citizens and their legal representatives must be acutely aware of the immigration ramifications of any criminal charge or conviction.

Waivers play a critical role in balancing the enforcement of immigration laws with compassion and fairness, particularly in cases involving long-term residents, individuals with U.S. citizen family members, or those with significant ties to the community. The success of a waiver application often depends on the strength of the evidence presented, especially regarding the hardship that removal would cause to qualifying relatives. As such, careful preparation, including legal counsel and thorough documentation, is essential for individuals seeking to avoid deportation through a waiver-based form of relief.

APPEALS

One of the most heart-wrenching things an immigrant to the United States can go through is receiving a deportation order. If you or a loved one has been given a deportation order, it’s important to understand that there may be options available to you for appealing the decision. Our attorneys have substantial experience with successfully appealing adverse decisions of the Immigration Court on behalf of our clients.  We understand how much is at stake and will work tirelessly to help you achieve the best possible outcome in your case.

Deportation, also known as “removal”, is the formal process of an immigrant being removed from the United States. An immigrant can be deported for a number of reasons, including but not limited to:

• Entering the U.S. without proper documentation.
• Committing a crime while in the U.S.
• Violating the terms of their visa.
• Having multiple immigration violations or criminal acts.

If you have been given a deportation order, it means that the U.S. government has decided that you must leave the country. This can be a very frightening experience, as it effectively means being forced to leave your current home and everything you know behind.

An appeal is a legal process whereby an individual who has been given a deportation order can challenge that decision in front of a judge or a panel of judges. The goal of an appeal is to prove that the original decision was made in error, and that the individual should not be deported.  An appeal of the decision of an immigration judge must be based solely on the information and evidence presented before the Immigration Court.  No new information regarding the case is allowed to be introduced in an appeal.

The first step is to file a notice of appeal with the court. This must be done within thirty (30) days of receiving the deportation order.  Once the notice of appeal has been filed, the individual will have the opportunity to express the reasons why the decision of the Immigration Judge was incorrect through extensive briefing to the Board of Immigration Appeals.  The Board will then decide on whether to uphold or overturn the original deportation order.  The deportation order appeal process can be complicated, and it is important to have a legal representative who is experienced in this area of law.

Our firm based in Englewood, Colorado, specializes in appeals of the orders of the immigration court and other immigration government agencies.