At Chowdhry & Lee, PLLC, we are dedicated to supporting individuals from around the world seeking safety and protection in the United States. Our experienced immigration attorneys provide comprehensive representation for asylum seekers, both affirmatively and defensively, ensuring that each client receives the best possible chance at a new beginning.
Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a "refugee." The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to their country of origin owing to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion.
Affirmative asylum is for individuals who are not currently in removal proceedings. Our legal team assists clients in preparing and filing their asylum applications with the U.S. Citizenship and Immigration Services (USCIS). We help gather detailed evidence, prepare personal declarations, and organize critical documentation that substantiates their claims. We also represent our clients during interviews with USCIS officers, providing guidance and support throughout the process.
Defensive asylum occurs when an individual requests asylum as a defense against removal from the U.S. This process typically takes place in the context of removal proceedings in immigration court. Our attorneys are skilled at advocating for clients during these proceedings, presenting detailed arguments and extensive evidence to demonstrate their need for protection. We work tirelessly to ensure that our clients' rights are protected in court and that they are given a fair opportunity to present their case.
At Chowdhry & Lee, PLLC we understand the complexities of asylum law and the critical nature of the stakes involved. Our team is committed to providing compassionate, knowledgeable legal support to help our clients navigate the asylum process successfully.
Cancellation of removal is a form of relief available to certain non-citizens who are in removal (deportation) proceedings before an immigration judge. This legal option can provide a way for qualifying non-citizens to avoid deportation and obtain lawful permanent resident status (a green card) in the United States. There are two main types of cancellation of removal available: one for lawful permanent residents (LPRs) and one for non-permanent residents.
To qualify for cancellation of removal as an LPR, an individual must meet the following criteria:
For non-permanent residents, cancellation of removal is available under more stringent conditions, and it requires proving exceptional hardship to qualifying U.S. citizen or LPR relatives. The eligibility criteria include:
Cancellation of removal can be a complex and challenging process, requiring substantial documentation and a compelling legal argument. Legal representation is highly recommended to navigate this process, as an experienced immigration attorney can provide invaluable assistance in preparing the case and arguing it before the judge.
When non-citizens are detained by ICE, their cases are typically handled more quickly than those of non-detained individuals due to the expedited schedules of the immigration courts handling detained cases. Detained individuals do not have the right to a public defender at government expense, but they can hire private legal representation or seek help from non-profit organizations that provide legal services to detainees.
A bond hearing is a procedure where a detained individual can request release from detention on bond. The decision to grant bond involves considerations of whether the detainee is a flight risk or poses a danger to the community.
Bond hearings are a vital component of the immigration process for detainees, offering a possibility for release and the opportunity to fight their immigration case from outside detention.
Parole release from immigration detention is a form of relief that allows certain detained immigrants to be released from custody while their cases are being processed. This discretionary release is granted by U.S. Immigration and Customs Enforcement (ICE) under specific circumstances based on humanitarian reasons or significant public benefit. Here’s an overview of how parole release requests from detention typically work:
To be considered for parole from immigration detention, an individual generally must meet the following criteria:
The process for requesting parole from ICE detention is less formalized than other immigration processes and does not involve filing a specific form. Instead, it generally includes:
Parole from immigration detention can significantly impact the well-being of detainees and their families, allowing for better access to legal resources and medical care while reducing the personal and financial hardships associated with detention.
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