Asylum, Deportation & Removal Defense
Asylum is a critical legal shield granted by a country to individuals fleeing their homeland due to a credible fear of persecution based on factors like race, religion, nationality, social group membership, or political views. It’s a humanitarian refuge provided to those unable or unwilling to return home due to potential persecution.
Affirmative Asylum
Affirmative asylum presents an avenue for individuals currently residing in the United States, who are not entangled in removal proceedings, to directly petition for asylum through the U.S. Citizenship and Immigration Services (USCIS). To be eligible, you must be physically present within the borders of the U.S., possess a genuine fear of persecution in your country of origin based on specific criteria, and not be in the midst of deportation proceedings. This process allows qualified individuals to formally apply for asylum, seeking protection from potential persecution they might face if forced to return to their home country.
Deportation or Removal
Deportation or Removal proceedings are set in motion when the U.S. government deems an individual to be in violation of immigration laws or engaged in activities that merit their expulsion. This legal process mandates the individual to depart the U.S. and return to their home country or another designated nation.
Defensive Asylum
Defensive asylum, on the other hand, is sought when individuals find themselves entangled in deportation proceedings. This pathway entails seeking asylum as a defensive measure against deportation, necessitating the fulfillment of criteria akin to affirmative asylum, and ensuring there are no disqualifications. It offers individuals a chance to request asylum as a means to safeguard themselves from deportation by demonstrating their genuine fear of persecution if they were to return to their home country.
Cancellation of Removal
Removal defense encompasses a set of legal strategies and procedures aimed at contesting deportation. Individuals involved in removal proceedings have the opportunity to dispute charges, present supporting evidence, and seek relief options such as asylum, withholding of removal, adjustment of status, or cancellation of removal.
The intricacies of navigating removal proceedings can significantly impact one’s situation. Collaborating with a proficient immigration attorney specializing in removal defense becomes pivotal, offering a fair opportunity to contest charges and seek available avenues for relief. This partnership provides valuable guidance and advocacy throughout the process, ensuring a comprehensive approach to facing deportation proceedings.
Cancellation of removal is available in two different categories: one for lawful permanent residents (LPRs) and one for non-LPRs.
What Our Clients Say
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- Shah
Hired Attorney
Exceptional Immigration guidance.
I had the privilege of working with Mr. Khairul Bashar of my immigration journey, and couldn’t be more impressed. His expert advice and transparent communication made the process smooth and efficient. Thanks to his guidance, I obtained my green card in the fastest way possible. Mr. Bashar is undoubtedly the best lawyer I’ve worked with, and I highly recommend his services for anyone seeking immigration assistance. His professionalism and expertise truly set him apart.
- Konika
Hired Attorney
Attorney Khairul Bashar is an excellent attorney and a warm, caring human being. He handled my case skillfully and obtained a favorable, balanced resolution. I wholeheartedly recommend Khairul Bashar – I cannot think there is a better immigration attorney in New York City, or maybe anywhere.