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DEPORTATION AND REMOVAL 

Fighting to Keep You In the United States 

Facing deportation (removal) is one of the most frightening experiences imaginable. However, you have the right to defend yourself in immigration court. "Cancellation of Removal" is a powerful form of relief that can allow you to remain in the U.S. and obtain a green card if you can meet strict eligibility criteria, such as demonstrating good moral character and that your removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative.

We provide full representation before the Executive Office for Immigration Review (EOIR). We prepare you thoroughly, present evidence, cross-examine government witnesses, and make persuasive legal arguments on your behalf.

Immigration Court Hearings (Master Calendar & Individual Hearings)

Expert Advocacy Before an Immigration Judge.

The immigration court process is complex and adversarial. A Master Calendar Hearing is a preliminary proceeding to address procedural issues, while an Individual Hearing is the full trial where evidence is presented and a final decision is made. Having an experienced attorney by your side is critical to protect your rights, present your case effectively, and navigate the legal nuances of the courtroom.

We provide full representation before the Executive Office for Immigration Review (EOIR). We prepare you thoroughly, present evidence, cross-examine government witnesses, and make persuasive legal arguments on your behalf.

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Seeking Your Green Card as a Defense to Removal.

If you are in removal proceedings, you may still be eligible to apply for your Green Card (Lawful Permanent Residence) directly before an Immigration Judge. This is a complex, high-stakes process where your application is adjudicated by the court instead of USCIS. It is often a key defense strategy to stop deportation and secure your status.

Our firm provides expert legal representation for AOS in immigration court, focusing on:

  • Eligibility Determination: We conduct a thorough analysis to confirm you have a basis to adjust status (e.g., through a qualifying family relationship or asylum) and are not barred due to specific immigration violations.

  • Strategic Defense Integration: We seamlessly combine your deportation defense with your AOS application, presenting a unified case to the judge that argues for the granting of your Green Card as the just outcome.

  • Advocacy and Litigation: We actively advocate for you before the Immigration Judge, presenting evidence, examining witnesses, and making legal arguments to support your application for permanent residence.

  • Coordinated Filings: We manage the process of filing the necessary forms (such as Form I-485, Application to Register Permanent Residence or Adjust Status) with the court and liaising with the Department of Homeland Security (DHS) counsel.

Facing deportation does not automatically mean you cannot get a Green Card. Let us assess your eligibility and fight for your status in court.

Removal of Conditions in Immigration Court

Fighting for Your Permanent Residence When a Marriage Ends.

Typically, a Joint Petition to Remove Conditions (Form I-751) is filed with USCIS by both spouses. However, if you are divorced, separated, or your U.S. citizen or permanent resident spouse refuses to cooperate, and you are placed in removal proceedings, the Immigration Court becomes the venue where you must fight to save your status.

We provide robust representation for this specific and challenging scenario:

Case Assessment for Waivers: We evaluate your situation to determine if you qualify for a waiver of the joint filing requirement due to divorce, battery/extreme cruelty, or extreme hardship.

Defensive Litigation Strategy: We transition your case from a simple USCIS filing to a defensive litigation strategy, arguing your waiver before the Immigration Judge.

Evidence Presentation: We help you gather and present compelling evidence to the court to prove that your marriage was initially entered into in good faith, even if it later ended.

Combating Fraud Allegations: We build a strong case to counter any allegations of marriage fraud from DHS, protecting your right to remain in the United States.

A divorce or uncooperative spouse does not have to end your American dream. We can help you present your case directly to an Immigration Judge and secure your 10-year Green Card.

BIA Appeals & Motions to Reopen

Challenging an Incorrect Decision.

A denial from an Immigration Judge or USCIS can feel final, but it often is not. The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting immigration laws. We can file an Appeal to the BIA to argue that the Judge made a legal or factual error. Alternatively, a Motion to Reopen asks the court to reconsider its decision based on new facts or evidence.

Our team specializes in this complex appellate work. We conduct a deep legal analysis, draft persuasive briefs, and fight to have an unjust decision reversed.

VAWA-Based Adjustment of Status in Immigration Court

Securing Your Safety and Permanent Status After Abuse.

If you are a survivor of abuse and are facing deportation proceedings, you have a powerful path to both stop your removal and obtain lawful permanent residence: Adjustment of Status through VAWA. This process allows you to present your VAWA-based green card application directly to an Immigration Judge as a defense against deportation, providing a critical lifeline to safety and stability in the United States.

The VAWA law allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for immigration relief without the abuser's knowledge. When combined with an adjustment of status application in immigration court, it becomes a robust legal strategy to secure your future.

Our firm provides compassionate and highly strategic representation for VAWA AOS in immigration court, focusing on:

  • Eligibility & Strategy Assessment: We conduct a confidential analysis to confirm you qualify for VAWA and are eligible to adjust status, even while in removal proceedings.

  • Simultaneous Case Building: We seamlessly integrate two complex processes: preparing a compelling VAWA self-petition (Form I-360) and your application for permanent residence (Form I-485) to present a unified case to the court.

  • Confidential & Sensitive Handling: We understand the deeply personal nature of these cases. Your privacy and safety are our top priorities throughout the entire legal process.

  • Persuasive Courtroom Advocacy: We advocate vigorously before the Immigration Judge, presenting evidence of the abuse and your good moral character to secure approval of both your VAWA petition and your green card application.

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Why This Process is Critical

Without this legal intervention, survivors in removal proceedings risk being deported back to dangerous situations or separated from their support systems in the U.S. The VAWA AOS process in court allows you to:

  • Stop deportation proceedings

  • Obtain lawful permanent residence

  • Gain independence from your abuser

  • Access a path to U.S. citizenship

Our VAWA AOS Services Include:

  • VAWA Petition Preparation: Meticulous preparation of Form I-360 and supporting evidence documenting the abuse and bona fide relationship

  • Adjustment of Status Application: Complete preparation of Form I-485 and required supporting documents

  • Court Representation: Full representation in all immigration court hearings

  • Evidence Strategy: Strategic compilation of medical records, psychological evaluations, police reports, and other supporting documentation

  • Waiver Preparation: Assistance with any required waivers of inadmissibility

 

You Deserve Safety and Security

Don't let deportation proceedings force you back into danger. Our experienced, compassionate team will fight to protect your rights and secure your permanent status in the United States.

REQUEST A FREE CONSULTATION

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P: 551-296-5458


Koloko Immigration

300 International Drive Suite 100

Williamsville, NY 14221

Koloko Immigration

 118-35 Queens Boulevard, Suite 400 Forest Hills NY 11375 (by appointment only)

Open Mon-Fri: 9 AM -6:00 PM ET | Email: [email protected]

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