We provide representation before the Immigration Courts, the Board of Immigration Appeals and Federal Courts throughout the United States.
Our immigration attorneys handle deportation (removal) hearing, waivers, material witness warrants and federal court litigation.
Immigration Consequences of Criminal Convictions
The Immigration and Nationality Act imposes harsh sanctions on non-citizens in the United States who violate the law. This area of immigration law is subject to change rapidly through congressional amendments, DHS action, and court decisions, it is especially important to consult an immigration lawyer before accepting any plea agreement or having contact with DHS after a conviction is sustained. The Law Offices of Blaise Odhiambo are available to consult with your criminal defense attorney.
Available Immigration Relief
There are various forms of immigration relief that an alien can apply for in removal proceedings in order to preserve their legal status or to obtain their permanent resident status. During removal proceedings, the immigration judge has the final say to grant or deny immigration relief. Which relief you seek will depend on your individual circumstances. Only an experienced attorney can assist you in making the right decision.
1. Cancellation of Removal
This is an important legal remedy for both permanent and non-permanent residents who are in immigration court removal/deportation proceedings, available to lawful permanent residents. Generally, the hardship requirement is a very difficult standard to meet and aliens are advised to retain an experience attorney to assist them in presenting this request for relief.
2. Adjustment of Status
If eligible to apply in the United States, certain aliens can also avoid being removed by applying for a green card through a family member or previous status. Aliens are often unaware that this is a possibility.
3. Asylum
Asylum may be granted to aliens who are already in the United States and are unable to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.
4. Withholding of Removal
Withholding of Removal is an alternative form of relief for an individual fearing persecution in his or her country of origin. To obtain "Withholding" an alien must demonstrate that he or she is "more likely than not" to face persecution if returned to his or her country. "Withholding" of deportation does not extend to a spouse or child unless they apply and are granted their own relief.
5. Convention Against Torture ( also referred to as CAT)
To obtain C.A.T. relief, an alien must demonstrate that it is more likely than not that you will be tortured, killed or sustain great bodily injury if you are returned to your home country. A CAT grantee has no ability to obtain legal permanent residence, travel abroad, or sponsor family members and is not guaranteed the ability to obtain employment authorization or be released from detention.
6. Waivers
A). 212(c ) Waiver
The 212(c) waiver is available to eliminate certain criminal convictions including those considered to be aggravated felony convictions.
B). 212(i) and 212(h) Waivers
An alien may also apply for a waiver under section 212(i) of the INA for fraud or misrepresentation and under section 212(h) of the INA for crimes of moral turpitude if the alien is placed in removal proceedings.
7. Voluntary Departure
This form of relief, if granted by an immigration judge, will avoid a removal order and thereby allow you to return to the U.S. without a mandatory 5 or 10 year bar of reentry which would otherwise result from a removal or deportation order.