Deportation / Asylum

Morley Surin & Griffin wins cases. We take great pride in our reputation for delivering a good result for our clients, whether the case involves a complex criminal law issue, fear of persecution or the opportunity to remain in the United States, based on factors such as family connection, employment, and having an established life in America. MS&G understands the stress of facing removal from the United States and seeks creative solutions to these problems. Whether for yourself or your loved ones, whether the case involves a hearing at a detained location or in immigration court anywhere in the United States, MS&G works for you. Our attorneys and paralegals assist at all phases of the cases including bond, hearings, and, if necessary, appeals to the Board of Immigration Appeals and to Federal Court.

Frequently Asked Questions

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How long does the removal process take?

It is difficult to predict how long a contested removal case can take to resolve. However, removal cases for non-detained clients often take more than a year to conclude. If there is an appeal to the Board of Immigration Appeals, cases frequently take another year or two.

What about cases of detained aliens?

Detained cases take much less time, frequently being resolved in just a few months or less. Of course, any individual case may take longer.

What are the hearings like?

There are two kinds of hearings. Master calendar hearings are usually very brief, with many cases scheduled for the same time. Actual time before the judge is almost always less than five minutes. Most cases are concluded at merits or individual calendar hearings. The court schedules only one case at a time at merits hearings. This is the client's opportunity to present evidence and claim why he or she should be allowed to remain in the United States. These hearings can take as long as several hours and can even extend over several days.

If someone is detained, can they be released from custody?

Immigration bond is available to all aliens, except those who have been convicted of firearms offenses, aggravated felonies, drug related offenses and more than a single crime of moral turpitude. Bond hearings for all others can be arranged relatively promptly with the Immigration Court having jurisdiction over the location of detention.

Are appeals possible?

If either the alien or the government is not satisfied with the result of the Immigration Court hearing, either can appeal to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the Immigration Court decision. Appeals from the BIA go to the United States Court of Appeals for the circuit where the hearing was held and can only be taken by the alien who must act within 30 days of the BIA decision.

Federal Court Litigation

MS&G pursues our client's rights before all courts - Immigration Court, Board of Immigration Appeals and, ultimately, to Federal Court, where we have an impressive array of victories. In the cases of Lee v. Ashcroft, 368 F.3rd 218 (3rd Cir. 2004), Nugent v. Ashcroft, 367 F.3rd 162(3rd 2004) and Jeune v. Attorney General, 476 F.3rd 199( 3rd Cir. 2007), we proved the government wrong when they claimed our clients had been convicted of aggravated felonies. The case of Atkinson v. Attorney General, 479 F.3rd 222 (3rd Cir. 2007) redefined the law on retroactive application of new laws. We keep fighting for our clients and are not afraid to seek out novel and creative arguments to secure their rights. If your naturalization or application for a green card has been delayed, you may have the right to go to Federal Court and force the USCIS to make a decision on your long-delayed application. We bring these legal actions in Federal Court to secure real justice for our clients.

Family Based Immigration

At MS&G, our mission is to keep families together. In the modern family immigration system, there are no simple cases, and MS&G stands ready to guide you through this complex process. We handle difficult entry questions, affidavits of support and even arrest and criminal issues with efficiency and compassion. We believe the family is the heart of American society and America should honor its commitment to strong, unified families.

If the alien has a criminal conviction, can he or she receive a green card based on family petition such as marriage to a United States citizen?

It is possible, depending upon the nature of the conviction. These matters require careful evaluation of the criminal conviction to determine if it is possible.

What is a waiver?

A waiver is a request for a special exception to a law that prohibits getting a green card or admission to the United States. Typical waivers cover certain kinds of criminal convictions or false statements given to secure admission to the United States.

What can be done if the petitioner does not have enough income to support the person being sponsored?

The law has strict support requirements based on income and/or assets of the petitioner and there is a very complicated process for calculating whether there are sufficient funds to meet the "public charge" requirements of the law. There are times when we seek out creative solutions to these problems, including the use of additional (joint) sponsors and, under some circumstances, even the right to use the alien beneficiary's income.

Asylum

MS&G works hard to save its clients from return to countries where they may be at risk because of political opinion, race, religion, nationality or membership in a particular social group.

If a person is placed in removal proceedings and is afraid to return to their home country, can they seek asylum?

Asylum is a form of relief in Immigration Court. However, if the alien has been in the United States for more than a year and not yet applied for asylum, he may be barred from seeking it unless he can show exceptional circumstances for the delay.

If the person is barred from seeking asylum, what can MS&G do to protect him?

The alien can still seek withholding of removal, which is like asylum, but with a higher burden of proof, or relief under the Convention Against Torture.

Can someone seek asylum who is not before the immigration judge?

Absolutely. We can file an affirmative application for asylum and accompany the person to the interview at the asylum office.