IMMIGRATION COURT

What is it?

If you are already in removal proceedings before the Immigration Court, you may be able to apply for Adjustment of Status (a green card), as long as you meet the legal requirements.

Depending on your case, this may mean asking the Immigration Judge to close or end your removal (deportation) case so you can file your residency application with U.S. Citizenship and Immigration Services (USCIS), or it may mean asking the Immigration Court to decide your residency application directly, if the court has the authority to do so.

The appropriate process depends on the specific facts of your case, including your immigration history and eligibility for a green card.

Who might be eligible?

Eligibility is decided case by case, and not everyone in removal proceedings qualifies. In general, you may be eligible to adjust your status if you meet the following:

• You have a way to qualify for a green card. This usually means you have an approved or approvable immigrant petition, such as a family-based petition (Form I-130), certain humanitarian petitions (Form I-360 or other qualifying applications), an employment-based petition, or another type of immigration benefit that can lead to permanent residence.
• A visa number is available, if required for your category. Some green card categories have limits and waiting periods. If your category requires an available immigrant visa, you must wait until one becomes available before you can complete the process.
• You meet all other legal requirements for Adjustment of Status. This may include requirements related to your entry into the United States, your immigration history, prior applications, and any criminal or other issues that could affect your eligibility.

Every case is different. Meeting these requirements does not guarantee that your application will be approved. The Immigration Court and/or U.S. Citizenship and Immigration Services (USCIS) will review the evidence and circumstances of your case before making a final decision.

What evidence might I need?

The evidence you need will depend on your situation. In general, you will want documents that prove you are eligible for a green card. Examples may include:

• Your immigrant petition. A copy of the approved or pending petition (for example, Form I-130 or I-140) that your application is based on.
• Proof of your qualifying relationship or eligibility basis. If you are the beneficiary of a petition filed by another person, provide evidence of your qualifying relationship to the petitioner, such as marriage certificates, birth certificates, or other civil records. If you are applying based on a self-petition, provide evidence establishing your eligibility for the underlying petition.
• Proof of how you entered the United States. Documents showing lawful admission or another basis that makes you eligible.
• Identity and background documents. Your passport, birth certificate, photographs, and records relating to your immigration history and, if applicable, criminal history.
• Other supporting records. Any additional documents that help show you meet the requirements for Adjustment of Status.

The strength of your application depends on the quality and detail of the evidence you provide. Each case is different, and additional documents may be needed based on your personal circumstances.

How long does it take?

There is no specific timeline for an Adjustment of Status case that is being handled in Immigration Court. The length of the process depends on several factors, including the Immigration Court's schedule, whether the Immigration Judge reviews the adjustment application directly or terminates the removal proceedings to allow USCIS to continue processing the application, the complexity of your case, and the number of hearings scheduled.

The process begins with a Master Calendar Hearing. During this hearing, the Immigration Judge addresses procedural matters, such as confirming information about your case, identifying the type of relief you are seeking, addressing any pending issues, and scheduling future hearings. Depending on the Immigration Judge and the circumstances of your case, you may have one or more Master Calendar Hearings before your case moves forward.

If your case is reviewed by the court, the court will schedule an Individual Hearing, also known as a merits hearing. During this hearing, you and your attorney will present evidence, testimony, and legal arguments in support of your application. After reviewing the case, the Immigration Judge will issue a decision either at the hearing or at a later date.

The process may take several months or longer to complete. During this time, it is extremely important that you attend every scheduled Immigration Court hearing and comply with all instructions provided by the Court. Failure to appear at a scheduled hearing may result in an in-absentia removal order, meaning that the Immigration Judge may order your removal from the United States due to your failure to appear.

Staying informed, appearing at all required hearings, and working closely with your attorney are essential steps to protect your rights and present the strongest possible case.

What happens if I am approved or denied?

If your Adjustment of Status application is approved:

If the Immigration Judge approves your Adjustment of Status application, you will be granted lawful permanent resident status and will receive your green card. The approval of your application means that you have successfully adjusted your status to that of a lawful permanent resident, and your removal proceedings will generally be terminated or otherwise concluded.

If your motion is denied:

If the Immigration Judge denies your Adjustment of Status application, your removal proceedings will continue. The Immigration Judge may issue a removal order, or the case may proceed to address any other forms of relief or defenses to removal that may be available to you.

Depending on the specific circumstances of your case, you may have the right to appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA) or pursue other available legal options. Our attorneys will review your options with you and help determine the best course of action moving forward.

How Azadi Law can help

Adjustment of Status cases involving Immigration Court proceedings often require careful legal analysis, detailed preparation, and a thorough understanding of both immigration law and court procedures. At Azadi Law, P.A., we begin by reviewing your immigration history, evaluating your eligibility for Adjustment of Status, and determining the best strategy for your specific circumstances. This may include pursuing Adjustment of Status before the Immigration Court or evaluating whether requesting termination of removal proceedings and continuing the process through USCIS is a viable option.

If we determine that you may qualify for Adjustment of Status through either process, our team will assist you in gathering the necessary supporting documentation, preparing the required legal filings, and guiding you through the proceedings. We will provide representation and support throughout the Immigration Court process and, when appropriate, assist with matters involving USCIS.

We understand that removal proceedings can be stressful and uncertain. Our goal is to provide honest legal guidance, protect your rights, and help you navigate each step of the process with care. While no attorney can guarantee a specific outcome, we are committed to advocating for your case and providing the dedicated representation you deserve.

What is it?

Cancellation of Removal for Lawful Permanent Residents is a form of immigration relief available to certain individuals who already have a green card but are facing removal (deportation) proceedings before an Immigration Court.

A lawful permanent resident may be placed in removal proceedings if the government believes the person has violated certain immigration laws, such as having certain criminal convictions, committing fraud or misrepresentation, abandoning their permanent resident status, or other circumstances that may make them removable under U.S. immigration law.

If the Immigration Judge grants the application, the individual may be allowed to keep their lawful permanent resident status and remain in the United States as a permanent resident. This form of relief is available only through the Immigration Court and cannot be granted by U.S. Citizenship and Immigration Services (USCIS).

Who might qualify?

Cancellation of Removal for Lawful Permanent Residents is available only to certain green card holders who are in removal proceedings and meet the requirements established under U.S. immigration law.

In general, a lawful permanent resident may qualify by satisfying the following requirements:

• LPR Status: You have been a lawful permanent resident for at least 5 years.
• Continuous Residence: You have resided continuously in the United States for at least 7 years after any lawful admission. This time stops accumulating when you are served with a Notice to Appear or commit certain disqualifying crimes (the "stop-time" rule).
• No Aggravated Felonies: You have not been convicted of an aggravated felony as defined under U.S. immigration law. Because immigration law has its own definition of what qualifies as an aggravated felony, a review of your criminal history and court records is necessary to determine whether any prior conviction affects your eligibility for Cancellation of Removal.
• No Prior Relief: You have not previously been granted Cancellation of Removal or relief under section 212(c) of the INA.
• Favorable Discretion: You merit a favorable exercise of discretion from the Immigration Judge.

Meeting these requirements does not guarantee approval. The Immigration Judge will review the evidence, the circumstances of the case, and all relevant factors before making a final decision.

What evidence might I need?

The evidence needed for Cancellation of Removal for Lawful Permanent Residents will depend on the specific facts of your case. The goal is to provide documents and information that show you meet the legal requirements and that you deserve to remain in the United States.

Examples of evidence may include:

• Proof of your lawful permanent resident status, such as a copy of your green card, prior approval notices, or immigration records.
• Evidence showing your continuous residence in the United States, such as tax records, employment records, leases, school records, medical records, bank statements, utility bills, and other documents showing your presence over time.
• Your complete criminal records, including certified court dispositions, arrest records, and other documents related to any prior convictions, so your eligibility can be properly evaluated under immigration law.
• Evidence of your family and community ties, such as marriage certificates, birth certificates, proof of care for family members, community involvement, and other documents showing your connections in the United States.
• Evidence of positive factors in your life, such as employment history, payment of taxes, rehabilitation, education, volunteer work, and contributions to your community.
• Letters of support and character references from family members, employers, friends, religious leaders, or community members who can describe your character and contributions.
• Any additional evidence that supports your request for relief, including documents showing the favorable factors the Immigration Judge should consider when deciding whether to grant Cancellation of Removal.

Each case is different, and additional evidence may be needed depending on your immigration history, criminal history, family circumstances, and other factors relevant to your case.

How long does it take?

There is no specific timeline for a Cancellation of Removal case. Each case follows its own timeline depending on several factors, including the Immigration Court's schedule, the complexity of the case, the number of hearings required, and the time needed to collect and present supporting evidence.

The process begins with a Master Calendar Hearing. During this hearing, the Immigration Judge addresses procedural matters, such as confirming information about your case, identifying the type of relief you are seeking, addressing any pending issues, and scheduling future hearings. Depending on the Immigration Judge and the circumstances of your case, you may have one or more Master Calendar Hearings before your case moves forward.

Eventually, the court will schedule an Individual Hearing, also known as a merits hearing. During this hearing, you and your attorney will present evidence, testimony, and legal arguments in support of your application. After reviewing the case, the Immigration Judge will issue a decision either at the hearing or at a later date.

The process may take many months or even years to complete. During this time, it is extremely important to attend every Immigration Court hearing and comply with all instructions provided by the court. Staying informed, attending all hearings, and working closely with your attorney throughout the process are essential to protecting your rights and presenting the strongest possible case.

What happens if I am approved or denied?

If your application is approved:

If the Immigration Judge grants your application for Cancellation of Removal for Lawful Permanent Residents, your removal proceedings will be terminated, and you will be allowed to keep your lawful permanent resident status (green card). You will remain a permanent resident of the United States, unless another issue affects your status in the future.

If your application is denied:

If the Immigration Judge denies your application, your removal proceedings will continue. Depending on the circumstances of your case, the judge may issue a removal order or consider whether any other forms of relief or defenses to removal may be available.

You may have the option to appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA) or pursue other legal options if available. We will review the decision with you, explain your options, and help you determine the appropriate next steps.

How Azadi Law can help

Cancellation of Removal cases require a thorough review of your immigration history, careful preparation, and strong evidence to present the best possible case before the Immigration Court. At Azadi Law, P.A., we begin by evaluating your eligibility, including your lawful permanent resident history, criminal record, immigration history, and the circumstances that led to your removal proceedings.

If Cancellation of Removal may be an option for you, our team will guide you through each step of the process. We will help identify and gather supporting evidence, prepare the necessary legal documents, develop the strongest arguments for your case, and represent you before the Immigration Court.

We understand that facing removal proceedings can be overwhelming, especially when your ability to remain in the United States is at stake. Our goal is to provide clear and honest legal guidance, protect your rights, and advocate for your interests throughout the process.

While no attorney can guarantee a specific outcome, we are committed to providing knowledgeable representation, careful preparation, and dedicated support at every stage of your case.

What is it?

Cancellation of Removal under the Violence Against Women Act (VAWA) is a form of immigration relief available to certain individuals who are in removal proceedings and have experienced battery or extreme cruelty by a qualifying family member who is a U.S. citizen or lawful permanent resident.

If granted, VAWA Cancellation of Removal allows an eligible individual to remain in the United States and obtain lawful permanent resident status (a green card). This form of relief is available only through the Immigration Court and is different from a VAWA self-petition filed with U.S. Citizenship and Immigration Services (USCIS).

Who might qualify?

In general, you may qualify if you can show that you:

• Battery or Extreme Cruelty: You have been battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse, former spouse, or parent. The qualifying family relationships vary depending on the facts of each case, and our office will review your situation to determine whether you meet the legal requirements.
• Physical Presence: You have been continuously physically present in the United States for at least 3 years immediately before filing your application.
• Good Moral Character: You have been a person of good moral character during the 3 years immediately before filing your application.
• Extreme Hardship: You can show that your removal would cause extreme hardship to you, your child, or your parent.
• Favorable Discretion: You deserve a favorable exercise of discretion. The Immigration Judge will consider both the positive and negative factors in your case before making a decision.
• No Disqualifying Criminal Convictions: You do not have certain criminal convictions or other factors that make you ineligible under U.S. immigration law.

Meeting these requirements does not guarantee approval. The Immigration Judge will review the evidence, the circumstances of the case, and all relevant factors before making a final decision.

What evidence might I need?

The evidence needed for a VAWA Cancellation of Removal case depends on the facts of your situation. You must provide documents and other evidence showing that you meet the legal requirements and that you qualify for this form of relief.

Examples of evidence may include:

• Evidence of the battery or extreme cruelty, such as police reports, medical records, court records, photographs, text messages, emails, social media messages, counseling records, or affidavits from you or others with personal knowledge of the abuse.
• Proof of your qualifying relationship to the U.S. citizen or lawful permanent resident family member, such as marriage certificates, birth certificates, divorce decrees, or other relevant documents.
• Evidence of your continuous physical presence in the United States for at least 3 years, such as tax records, employment records, leases, utility bills, school records, medical records, or bank statements.
• Evidence of your good moral character, such as letters of support from family members, employers, religious leaders, or community members, as well as tax records and other documents reflecting your character and conduct.
• Evidence of the extreme hardship that you, your child, or your parent would suffer if you were removed from the United States.
• Criminal court records, if applicable, so your eligibility can be evaluated under U.S. immigration law.
• Any additional evidence that supports your application and demonstrates why the Immigration Judge should grant your request.

Every case is different, and additional documents may be needed depending on your immigration history, family circumstances, and the specific facts of your case.

How long does it take?

There is no specific timeline for a VAWA Cancellation of Removal case. Each case follows its own timeline depending on several factors, including the Immigration Court's schedule, the complexity of the case, the number of hearings required, and the time needed to gather and present supporting evidence.

The process begins with a Master Calendar Hearing. During this hearing, the Immigration Judge addresses procedural matters, such as confirming information about your case, identifying the form of relief you are requesting, addressing any pending issues, and scheduling future hearings. Depending on the Immigration Judge and the circumstances of your case, you may have one or more Master Calendar Hearings before your case moves forward.

Eventually, the court will schedule an Individual Hearing, also known as a merits hearing. During this hearing, you and your attorney will present evidence, testimony, and legal arguments in support of your application. After reviewing the evidence and the applicable law, the Immigration Judge may issue a decision at the hearing or at a later date.

The process may take many months or even years to complete. During this time, it is extremely important to attend every Immigration Court hearing and comply with all instructions provided by the court. Staying informed, attending all hearings, and working closely with your attorney throughout the process are essential to protecting your rights and presenting the strongest possible case.

What happens if I am approved or denied?

If your application is approved:

If the Immigration Judge grants your application for VAWA Cancellation of Removal, your removal proceedings will end, and you will become a lawful permanent resident (green card holder). You will receive the benefits and responsibilities of lawful permanent resident status, including the ability to live and work permanently in the United States.

If your application is denied:

If the Immigration Judge denies your application, your removal proceedings will continue. Depending on the circumstances of your case, the Immigration Judge may issue a removal order or determine whether any other forms of immigration relief or defenses to removal are available.

In some cases, you may have the right to appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA). Our office will review the decision with you, explain your legal options, and help you determine the best course of action.

How Azadi Law can help

VAWA Cancellation of Removal cases require a careful review of your immigration history, family relationships, and the circumstances surrounding the battery or extreme cruelty you have experienced. At Azadi Law, P.A., we begin by evaluating whether you meet the legal requirements for this form of relief and whether it is the best strategy for your case.

If VAWA Cancellation of Removal may be an option, our team will help you gather the necessary evidence, prepare your application and supporting documents, develop strong legal arguments, and represent you throughout your Immigration Court proceedings.

We understand that cases involving abuse can be difficult to discuss. Our team is committed to treating every client with compassion, respect, and confidentiality while guiding you through each step of the process.

While no attorney can guarantee a specific outcome, we are committed to providing honest legal advice, thorough preparation, and dedicated representation to help you present the strongest possible case before the Immigration Court.

What is it?

Asylum is a form of protection available to individuals who are unable or unwilling to return to their home country because they have suffered persecution or have a well-founded fear of future persecution based on a protected ground under U.S. immigration law.

There are two main ways a person may apply for asylum:

• Affirmative Asylum: This process is for individuals who are not currently in removal proceedings. The asylum application is filed with U.S. Citizenship and Immigration Services (USCIS). If USCIS does not approve the application and the individual does not have another lawful status, the case may be referred to the Immigration Court.
• Defensive Asylum: This process is for individuals who are already in removal proceedings before the Immigration Court and are requesting asylum as a defense against being removed from the United States. The Immigration Judge reviews the application, evidence, and testimony before deciding whether asylum should be granted.

If asylum is granted, the individual may remain in the United States and may later become eligible to apply for a green card. However, filing an asylum application does not guarantee approval, and the applicant must prove that they meet the legal requirements under U.S. immigration law.

Who might qualify?

A person may qualify for asylum if they can show that they have suffered persecution or have a well-founded fear of future persecution in their home country because of one or more protected grounds under U.S. immigration law.

The protected grounds are:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

A careful review of the person's circumstances is necessary to determine which protected ground may provide the strongest basis for an asylum claim. In general, an asylum applicant must show that:

• They are unable or unwilling to return to their home country because of the persecution they experienced or fear experiencing.
• The harm they suffered, or fear, is connected to one of the protected grounds recognized under U.S. immigration law.
• The persecution was committed by the government or by individuals or groups that the government is unable or unwilling to control.
• They meet the other legal requirements for asylum, including any applicable filing deadlines or exceptions.

Asylum applications generally must be filed within one year of the person's last arrival in the United States, unless an exception applies. Meeting these requirements does not guarantee approval. The application must be supported by evidence, and the Immigration Judge or USCIS will review the facts and circumstances of the individual case before making a decision.

What evidence might I need?

The evidence needed for an asylum application depends on the facts of each individual case, including the type of harm experienced, the reason for the persecution, and the circumstances in the applicant's home country.

In general, asylum applicants should provide evidence that helps show:

• Identity and background, such as a passport, birth certificate, identification documents, and immigration records.
• The persecution or harm suffered, such as police reports, medical records, photographs, threatening messages, affidavits, or other documents showing what happened.
• The reason for the persecution, including evidence connecting the harm to a protected ground under U.S. immigration law, such as race, religion, nationality, political opinion, or membership in a particular social group.
• Personal statements and supporting testimony, including a detailed declaration explaining the applicant's experiences and fear of returning.
• Witness statements, if available, from family members, friends, community members, or others who can support the claim.

Every asylum case is different, and additional evidence may be required depending on the facts of the case. A strong asylum application requires presenting a clear connection between the applicant's experiences, the protected ground, and the fear of returning to their home country.

How long does it take?

There is no specific timeline for an asylum case.

For affirmative asylum cases, the process begins when the asylum application is filed with USCIS. After filing, USCIS will review the application and supporting documents and will generally schedule the applicant for an asylum interview. The timing of the interview depends on USCIS workload, scheduling availability, and other factors affecting case processing.

For defensive asylum cases, the process takes place before the Immigration Court as part of removal proceedings. The case generally begins with a Master Calendar Hearing, where the Immigration Judge addresses procedural matters, reviews the status of the case, and schedules future hearings. Depending on the circumstances of the case and the Immigration Judge's schedule, multiple Master Calendar Hearings may take place before an Individual Hearing (also known as a merits hearing) is scheduled. During the Individual Hearing, the applicant, with the assistance of their attorney, presents evidence, testimony, and legal arguments in support of the asylum application. The Immigration Judge may ask questions about the applicant's case and experiences before making a decision.

An asylum applicant, whether applying through affirmative or defensive asylum, may become eligible to apply for an Employment Authorization Document (EAD) (work permit) after the asylum application has been pending for 150 days. These timelines are based on current rules and may change. Please note that filing an asylum application does not automatically grant employment authorization. The applicant must file a separate work permit application if eligible.

Asylum cases can take many months or even years to complete. During this time, it is important to attend all appointments, comply with requirements, and continue preparing the evidence needed to support the case.

What happens if I am approved or denied?

If your asylum application is approved:

If asylum is granted, the individual may remain in the United States and receive protection from removal. After being granted asylum, the individual may be eligible to apply for lawful permanent residence (a green card) after one year of being physically present in the United States as an asylee, as long as they continue to meet the legal requirements.

If your application is denied:

The consequences of a denial depend on whether the asylum application was filed through USCIS (affirmative asylum) or before the Immigration Court (defensive asylum).

• Affirmative Asylum: If USCIS denies the asylum application, the next steps depend on the individual's immigration status and circumstances. If the individual does not have another lawful status, USCIS will refer the case to the Immigration Court, where the individual may have the opportunity to present the asylum claim again as part of removal proceedings.
• Defensive Asylum: If the Immigration Judge denies the asylum application, the judge may issue a removal order if there are no other forms of relief available. Depending on the circumstances of the case, the individual may have the option to appeal the decision or pursue other available forms of relief.

How Azadi Law can help

Asylum cases require careful preparation, detailed evidence, and a strong understanding of the legal requirements for protection in the United States. At Azadi Law, P.A., we begin by reviewing the individual's personal history, immigration history, and the circumstances that led them to seek asylum to determine the best legal strategy for their case.

Our team provides representation for both affirmative asylum cases and defensive asylum cases. We assist clients by preparing asylum applications, gathering and organizing supporting evidence, developing legal arguments, preparing clients for interviews or hearings, and representing them throughout the process.

For individuals in removal proceedings, our team provides removal defense representation and advocates before the Immigration Court to present the strongest possible case for asylum and any other available forms of relief.

We understand that seeking asylum can be a difficult and uncertain process. Our goal is to provide clear legal guidance, protect our clients' rights, and help them navigate each stage of the process with careful preparation and dedicated representation.

While no attorney can guarantee a specific outcome, Azadi Law, P.A. is committed to providing knowledgeable legal representation and strong advocacy throughout the asylum process.

What is it?

A Freedom of Information Act (FOIA) Request is a process that allows an individual to request copies of records maintained by certain U.S. government agencies. In immigration matters, a FOIA request is commonly used to obtain a person's immigration records, which may include prior applications, notices, decisions, border records, and other documents related to their immigration history.

Obtaining these records can help an individual and our office better understand their immigration history, identify potential issues, and evaluate available legal options. A FOIA request may be especially helpful when an individual does not have copies of prior immigration documents or is unsure about previous applications, entries into the United States, or encounters with immigration authorities.

Different government agencies maintain different types of records. Depending on the purpose of the request, records may be requested from agencies such as U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), or U.S. Immigration and Customs Enforcement (ICE).

Who might be eligible?

Generally, any individual who has had previous immigration processes or interactions with U.S. immigration agencies may request their immigration records. The individual does not need to be physically present in the United States to submit a FOIA request.

A FOIA request does not affect the individual's immigration status and does not mean that the person is applying for immigration relief or any other immigration benefit.

The records provided will depend on the agency that maintains the information, and a FOIA request may not include every immigration-related record from every government agency.

What evidence might I need?

The documents needed for a FOIA request will depend on the agency and the type of records being requested. Generally, the individual will need to provide identifying information and documents to help the agency locate the correct records, such as:

• Copy of passport or government-issued identification.
• Proof of identity and, if applicable, proof of legal representation.
• Information related to prior immigration history, such as A-Number, receipt numbers, prior applications, or immigration notices.

Providing accurate information can help ensure that the agency is able to locate the correct records.

How long does it take?

The processing time for a FOIA request depends on the agency receiving the request, the type and amount of records requested, and the complexity of the request. After submitting a FOIA request, the individual will generally receive a receipt notice confirming that the request has been received. The status of the request can usually be checked through the corresponding agency's website.

Some requests may be completed within a few weeks, while others may take several months or longer depending on the circumstances of the request.

What Can I Expect After Filing a FOIA Request?

If records are provided:

If the FOIA request is processed successfully, the agency will provide the available records responsive to the request. The records are generally provided electronically, usually through email in PDF format. Our office will review the records to help understand the individual's immigration history and identify any potential issues or available options.

If records are not provided:

If the agency is unable to provide the requested records or denies access to certain information, the agency will generally provide a reason for the decision. Depending on the circumstances, the individual may have the option to request a review or appeal the decision.

How Azadi Law Can Help

A FOIA request can be an important tool for understanding an individual's immigration history and identifying potential issues that may affect future immigration options. At Azadi Law, P.A., our team assists clients with preparing and submitting FOIA requests to the appropriate government agencies.

Our office helps ensure that the request includes accurate information, reviews the records received, and analyzes the information to better understand the individual's immigration history and determine potential legal options.

Whether you need records from a prior immigration case, previous applications, entries into the United States, or encounters with immigration authorities, Azadi Law, P.A. can help guide you through the FOIA process and explain how the records may impact your immigration case.

What is it?

A Petition for Writ of Habeas Corpus is a legal action filed in federal court that asks a judge to review whether the government is acting within its legal authority when it detains or restricts a person's freedom.

In immigration cases, it is most commonly used by individuals who are being held in immigration detention and believe their continued detention is unlawful or that the government has not provided the review required under the law. A habeas petition may ask a federal court to review issues such as prolonged detention, the denial of a required custody review, or other legal challenges related to a person's detention.

A Petition for Writ of Habeas Corpus is a separate legal process from immigration court proceedings. Filing a habeas petition does not automatically stop removal proceedings, prevent the government from taking further immigration action, or guarantee release from detention.

The outcome of a habeas petition depends on the specific facts of the case, the person's immigration history, the circumstances of the detention, and the applicable federal law.

Who might be eligible?

A Petition for Writ of Habeas Corpus is not available to everyone. Eligibility depends on the specific circumstances of the case and whether there is a legal issue involving government custody or a restriction on a person's liberty.

In the immigration context, a person may consider filing a habeas petition if they can show that:

• They are currently in government custody or detention and believe their continued detention is not lawful.
• The government has not followed required legal procedures regarding their detention or custody review.
• Their detention has become prolonged or there is a legal basis to challenge the continued custody.
• A federal court has jurisdiction to review the specific issue being raised.

Every case is different. A review of your immigration history, detention circumstances, prior court proceedings, and the applicable law is necessary to determine whether a Petition for Writ of Habeas Corpus may be an appropriate option.

What evidence might I need?

The evidence needed for a Petition for Writ of Habeas Corpus depends on the reason the petition is being filed and the specific facts of your case. In general, you will need documents that help show your immigration history, the circumstances of your custody, and why you believe the government's actions may not be lawful.

Examples of evidence may include:

• Immigration records, such as Notices to Appear, immigration court documents, decisions, applications filed, and records showing the history of your case.
• Detention records, including documents showing when and where you were detained, custody determinations, bond decisions, and communications with immigration authorities.
• Court records, including criminal records or prior court documents, if applicable.
• Evidence related to your personal circumstances, such as medical records, family information, employment history, or other documents that may be relevant to your detention or custody situation.
• Any document showing that required procedures were not followed or that support the legal arguments being raised in your petition.

Every case is different, and additional evidence may be needed depending on the reason for filing the Petition for Writ of Habeas Corpus and the issues being presented to the federal court.

How long does it take?

There is no specific timeline for a Petition for Writ of Habeas Corpus. The process depends on the federal court's schedule, the complexity of the legal issues involved, and the time required for each stage of the case.

Generally, the process includes the following steps:

• Filing the Petition: The process begins when we file the Petition for Writ of Habeas Corpus in federal court. The petition explains the legal basis for challenging the government's custody or actions and requests appropriate relief from the court.
• Government Response: After the petition is filed, the government will have an opportunity to respond. The government may submit arguments explaining why the petition should be denied or provide its position regarding the issues raised.
• Reply to the Government's Response: If the government files a response, we will review its arguments and, when appropriate, prepare and file a reply addressing the government's position and providing additional legal support for your case.
• Court Review and Decision: The federal judge will review the petition, the government's response, any reply filed, and other relevant documents before making a decision. The court may request additional information, schedule further proceedings, or issue a decision based on the filings.

The process may take several months or longer depending on the circumstances of the case and the federal court's schedule. Throughout the process, we will monitor your case, keep you informed of important updates, and guide you through each step.

What happens if I am approved or denied?

If the Petition is Granted:

If the federal court grants the Petition for Writ of Habeas Corpus, the court may order the government to provide appropriate relief based on the circumstances of the case. In immigration detention cases, this often means that the individual may receive a bond hearing or, in certain situations, may be released from custody.

A granted habeas petition does not automatically provide an immigration benefit, such as a green card, visa, or lawful status. The type of relief available will depend on the specific issues raised in the petition and the court's order.

If your motion is denied:

If the federal court denies the Petition for Writ of Habeas Corpus, the individual will generally remain subject to the government's custody or the action being challenged. A denial does not automatically prevent the individual from pursuing other legal options that may be available based on the circumstances of the case.

The individual may have the option to seek further review of the decision or explore other forms of relief, depending on the specific facts of the case and applicable law.

How Azadi Law can help

A Petition for Writ of Habeas Corpus requires a careful review of the individual's immigration history, detention circumstances, and the legal issues involved. At Azadi Law, P.A., we begin by evaluating the facts of the case, reviewing relevant records, and determining whether a habeas petition may be an appropriate legal option.

If a Petition for Writ of Habeas Corpus is appropriate, our team will prepare and file the petition in federal court, present the legal arguments supporting the request, respond to the government's filings, and advocate for the individual throughout the federal court process.

We understand that being detained or facing a legal challenge involving government custody can be stressful and uncertain. Our goal is to provide clear legal guidance, protect our clients' rights, and help them navigate each stage of the process.

While no attorney can guarantee a specific outcome, Azadi Law, P.A. is committed to providing thorough preparation, strong legal advocacy, and dedicated representation throughout the case.

What is it?

A Motion for Bond Hearing Before the Immigration Court is a legal request filed with the Immigration Court asking an Immigration Judge to schedule a hearing to determine whether a detained noncitizen may be released from immigration custody while their immigration case is ongoing.

During a bond hearing, the Immigration Judge evaluates whether the individual is eligible for release and whether they pose a danger to the community or a flight risk.

A bond hearing is separate from the underlying immigration case. It does not determine whether the person will win or lose their immigration case; it only addresses whether the person can be released from detention during the proceedings.

Who might qualify?

A person detained by Immigration and Customs Enforcement (ICE) may qualify to request a bond hearing before the Immigration Court if the Immigration Judge has authority to review the person's custody status. Generally, individuals who may qualify include those who:

• Are eligible for release from immigration custody and are not subject to mandatory detention provisions.
• Do not present a danger to the community, as shown by a lack of serious criminal history or other negative factors.
• Are not considered a significant flight risk, demonstrated through strong family ties, stable employment, a fixed address, and compliance with prior immigration obligations.
• Have possible defenses or forms of immigration relief available in their removal proceedings, such as asylum, cancellation of removal, adjustment of status, U visa, VAWA, or other forms of relief.
• Have substantial ties to the United States, including U.S. citizen or lawful permanent resident family members, community involvement, or long-term residence.

However, not everyone detained by ICE is eligible for a bond hearing. Certain individuals may be subject to mandatory detention or may have limited access to a bond hearing depending on their immigration history, manner of entry, criminal record, or other circumstances.

A careful review of the individual's immigration history, detention status, criminal record (if any), and eligibility for relief is necessary to determine whether a bond hearing is available and the likelihood of obtaining release.

What evidence might I need?

To support a request for a bond hearing and demonstrate that release is appropriate, the respondent may submit evidence showing strong ties to the United States, good character, and that they are not a danger to the community or a flight risk.

Common evidence may include:

• Proof of identity and residence in the United States.
• Proof of family ties and community connections.
• Employment records or proof of financial stability.
• Letters of support from family, friends, employers, or community members.
• Evidence of eligibility for immigration relief or a pending immigration application.
• Criminal history records and proof of rehabilitation, if applicable.
• Any documentation showing the respondent is not a danger to the community or a flight risk.

The specific evidence required will depend on the individual's circumstances, including their immigration history, detention circumstances, criminal record (if any), and the factors the Immigration Judge will consider when determining whether release is appropriate.

How long does it take?

Bond hearings are generally one of the faster processes in Immigration Court. The timeline may vary depending on the court's schedule and the specific circumstances of the case, but in many cases, a hearing may be scheduled within a few weeks after filing the motion. Additional time may be required if the Court requests further evidence or if the government opposes the request.

What happens if I am approved or denied?

If the bond request is approved:

If the bond request is approved, the individual may be released from immigration custody after paying the bond amount set by the Immigration Judge and complying with any conditions imposed.

If the bond request is denied:

If the bond request is denied, the individual will generally remain in immigration custody while removal proceedings continue. Depending on the circumstances, the individual may be able to request another bond hearing if there is a material change in circumstances.

How Azadi Law can help

At Azadi Law, P.A., we carefully review your immigration history, detention status, criminal record (if any), and eligibility for a bond hearing to determine the strongest strategy for seeking your release from immigration custody.

If you qualify for a bond hearing, our team will prepare and file the necessary motion, gather supporting evidence, develop strong legal arguments, and represent you before the Immigration Court.

We understand that immigration detention can be overwhelming for both you and your family. Our goal is to provide clear legal guidance, protect your rights, and advocate for your release while your immigration case is pending.

While no attorney can guarantee a specific outcome, we are committed to providing knowledgeable representation, careful preparation, and dedicated support throughout every stage of the bond hearing process.

What is it?

A Motion to Reopen is a legal request asking the Immigration Court or the Board of Immigration Appeals (BIA) to reopen a previously decided immigration case so that an individual may pursue available immigration relief.

Filing a Motion to Reopen does not mean that the case will be automatically approved. The individual must still demonstrate eligibility for the requested relief and satisfy the requirements for reopening the case.

Who might qualify?

An individual may qualify to file a Motion to Reopen if they previously received a removal order and have a valid basis to request that their case be reconsidered, such as:

• New evidence that was not previously available.
• Changed circumstances affecting the individual's immigration case.
• Eligibility for a form of immigration relief that was not previously considered.
• The individual was unable to fully present their case due to exceptional circumstances or other legal grounds.

Eligibility depends on the specific facts of the individual's case, including the reason for the removal order and the basis for requesting the case to be reopened.

What evidence might I need?

To support a request for a Motion to Reopen, common evidence may include:

• A copy of the prior removal order or immigration court documents.
• New evidence or documentation that was not previously available.
• Evidence supporting eligibility for immigration relief.
• Documents explaining changed circumstances or exceptional circumstances.
• Evidence demonstrating the individual's eligibility to have the case reopened.

The specific evidence required will depend on the individual's circumstances, including their immigration history, the reason for the prior removal order, and the basis for requesting the case to be reopened.

How long does it take?

There is no standard processing time for a Motion to Reopen. Some motions may receive a decision within several months, while others may take longer depending on the Court's backlog, the complexity of the case, and the specific legal issues involved.

We will monitor the case and provide updates regarding any notices, requests, or decisions issued by the Immigration Court or the BIA.

What happens if I am approved or denied?

If the Motion to Reopen is approved:

If the Motion to Reopen is approved, the individual's prior immigration proceedings may be reopened, allowing the individual to continue their case and pursue available immigration relief before the Immigration Court or the BIA. However, approval of the Motion to Reopen does not mean that the underlying immigration relief is automatically approved. The Immigration Judge or the BIA must still review the case and issue a separate decision regarding the requested relief.

If the Motion to Reopen is denied:

If the Motion to Reopen is denied, the prior decision generally remains in effect, and the individual may not be able to proceed with the requested relief unless another legal option becomes available.

Depending on the circumstances of the case, the individual may have the option to seek further review or pursue other available legal options.

How Azadi Law can help

A Motion to Reopen requires careful legal analysis, preparation, and a thorough review of the individual's immigration history and prior proceedings. At Azadi Law, P.A., we evaluate the circumstances surrounding the prior removal order, determine whether a legal basis exists to file a Motion to Reopen, and prepare the necessary documentation and supporting evidence.

We assist individuals throughout the process by preparing and filing the motion, monitoring the case, responding to any requests or developments from the Immigration Court or the BIA, and advocating for the individual's eligibility to have their case reopened.

While no attorney can guarantee a specific outcome, we are committed to providing knowledgeable representation, careful preparation, and dedicated support at every stage of your case.

What is it?

Voluntary Departure is an option that allows certain people in immigration court to leave the United States on their own instead of receiving a formal removal (deportation) order.

There are two types of voluntary departure:

• Voluntary Departure Before the End of the Court Case: This allows an eligible person to leave the United States before the Immigration Judge makes a final decision in their case. To qualify, the person must meet certain legal requirements.
• Voluntary Departure After the End of the Court Case: This may be requested after the Immigration Judge has made a decision in the case. The requirements are stricter and may require the person to provide additional documents and meet additional legal requirements.

If voluntary departure is granted, you must leave the United States by the deadline given by the Immigration Judge. Voluntary departure does not give you legal status, a green card, or permission to stay permanently in the United States.

Leaving through voluntary departure may help you avoid some of the consequences of having a removal order. However, it does not erase all immigration issues. Depending on your immigration history, time spent in the United States without permission, criminal history, or other circumstances, you may still need additional steps, such as applying for a waiver, before you can return to the United States. If you do not leave by the required deadline, your voluntary departure may turn into a removal order, and additional penalties may apply.

Who might be eligible?

Whether you can request voluntary departure depends on the stage of your immigration case, your immigration history, and whether you meet the requirements under U.S. immigration law. In general, you may be eligible for voluntary departure if you can show that you:

• Have been physically present in the United States for the required period. The required time depends on when voluntary departure is requested. In some cases, you may need to show that you have been physically present in the United States for at least 1 year before receiving your Notice to Appear.
• Have been a person of good moral character during the required period.
• Have the ability and intention to leave the United States within the timeframe provided by the Immigration Judge.
• Have the necessary travel documents or are able to obtain them in order to depart.
• Meet any additional requirements that apply based on whether voluntary departure is requested before or after the conclusion of your removal proceedings.

Meeting these requirements does not guarantee that voluntary departure will be granted. The Immigration Judge or Department of Homeland Security will review your case and determine whether you qualify under the requirements of U.S. immigration law.

What evidence might I need?

The evidence needed for a voluntary departure request depends on the facts of your case and when you are requesting voluntary departure. In general, you should provide documents that show you meet the legal requirements and that you are prepared to leave the United States if your request is approved.

Examples of evidence may include:

• Proof of identity and nationality, such as your passport, birth certificate, or other government-issued identification.
• Proof of physical presence in the United States, such as tax records, employment records, leases, utility bills, school records, medical records, or other documents showing your time in the country.
• Evidence of good moral character, such as letters of support from employers, family members, community members, or religious organizations.
• Criminal records and court documents, if applicable, so your eligibility can be properly evaluated.
• Proof that you can depart the United States, such as a valid passport, travel documents, or evidence showing you are able to obtain them.
• Any other documents that support your request, including evidence of your personal circumstances and reasons why voluntary departure may be appropriate in your case.

Every case is different, and additional evidence may be required depending on your immigration history and the specific circumstances of your case.

How long does it take?

There is no specific timeline for a voluntary departure request. The time it takes depends on the stage of your immigration case, the Immigration Court's schedule, and whether the Immigration Judge or Department of Homeland Security has to review your request.

In many cases, a request for voluntary departure is addressed during a Master Calendar Hearing, where the Immigration Judge reviews the status of your case, considers any requests for relief, and determines the next steps. Depending on the circumstances, the court may make a decision at that hearing or schedule additional hearings.

If voluntary departure is granted, the Immigration Judge will provide a specific deadline for you to leave the United States. It is extremely important to depart within the time allowed and comply with all requirements. Failing to leave on time may result in serious immigration consequences, including the voluntary departure order becoming a removal order.

What happens if I am approved or denied?

If your request is approved:

If voluntary departure is granted, you will be allowed to leave the United States on your own by the deadline set by the Immigration Judge or Department of Homeland Security. If you depart on time and follow all requirements, you may avoid some of the consequences associated with having a removal (deportation) order.

However, voluntary departure does not give you lawful status, a green card, or permission to remain in the United States. It also does not eliminate all possible immigration consequences. Depending on your immigration history and other circumstances, additional steps may be required before you can return to the United States.

If your request is denied:

If voluntary departure is denied, your removal proceedings will continue. The Immigration Judge may schedule future hearings, consider other forms of relief you may qualify for, or issue a removal order depending on the circumstances of your case.

Our office will review the decision with you, explain your available options, and help you determine the best next steps based on your individual situation.

How Azadi Law can help

A voluntary departure request requires careful review of your immigration history, the stage of your removal proceedings, and whether this option is the best strategy for your case. At Azadi Law, P.A., we begin by evaluating your eligibility, reviewing your immigration record, and determining whether voluntary departure may be an appropriate option based on your circumstances.

If voluntary departure is a possibility, our team will help you understand the requirements, gather the necessary evidence, prepare the request, and present your case before the Immigration Court. We will also explain how voluntary departure may affect your current case and any future immigration options.

We understand that deciding whether to request voluntary departure can be a difficult and important decision. Our goal is to provide clear and honest legal guidance, protect your rights, and help you make an informed decision about the best path forward.

While no attorney can guarantee a specific outcome, we are committed to providing careful preparation, knowledgeable representation, and dedicated support throughout your immigration process.