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Speak with an Immigration Attorney  (216) 328-9878   Se habla español

MJB Immigration

Immigration Attorneys

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  • About Us
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    • Non-Immigrant Visas
      • E-1/E-2 Visas
      • H-1B Visas
      • H-1B Visas for Physicians
      • H-2B Visas
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      • The TN for Professionals
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      • Asylum
      • Removal Proceedings
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      • I-601A/I-212
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Removal Proceedings

Removal proceedings commence when the Department of Homeland Security files a Notice to Appear (“NTA”) with the Immigration Court. At that point, the foreign national will be instructed they have to appear in court on the charges contained in the NTA.

Removal proceedings can best be viewed as having two stages. The first is the removability stage. This is when the judge makes the determination of whether the foreign national is removable as charged in the NTA. Immigration lawyers too often concede removability in immigration court. There are often ways to successfully challenge whether a person is subject to removal. It may be that the criminal conviction does not trigger a ground of removability or that the charge is factually or legally incorrect. DHS bears the burden of proof on this issue. It is important to speak with an experienced lawyer who can determine whether a challenge should be made to removability.

If a foreign national is found to be subject to removal, the next stage of the case is relief. If there is any relief available, the foreign national will file the appropriate relief application with the Immigration Court and the case will be scheduled for a hearing.

The following are common relief applications that can be filed with the Immigration Court:

  • Asylum, withholding of removal, and protection under the Convention Against Torture (CAT)
  • Cancellation of removal for LPRs or non-LPRs
  • VAWA cancellation of removal
  • Adjustment of status
  • Waivers including for fraud (INA §212(i)), criminal inadmissibility (INA § 212(h)), INA §237(a)(1)(H) waivers
  • Voluntary departure

Each application has specific requirements and must be supported by documentation. A hearing will be held on the application and the applicant and other witnesses will be permitted to testify. The Immigration Judge will then issue a decision in the case.

Mr. Bratton has represented individuals in removal cases in immigration courts throughout the United States for almost 20 years. He has successfully contested removal charges resulting in the termination of removal proceedings. He has also successfully represented foreign nationals in applying for all types of relief applications.

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Martin Jolic and Bratton LLC (formerly known as Sharon & Kálnoki LLC) is a full service Cleveland-based immigration law practice. We offer representation for almost all immigrant and nonimmigrant processes to clients worldwide.

Phone: (216) 328-9878
Fax: (216) 328-9879
Email: info@mjbimmigration.com

6050 Oak Tree Blvd., Suite 250
Independence, Ohio 44131

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Attorney advertising. This website is informational only. Information provided herein does not address any specific set of individual facts. Each immigration case is unique and nothing on this or associated pages, documents, forms, comments, e-mails, articles or other communication constitutes legal advice for any individual case or situation. Information provided on this site is not intended as a substitute for legal advice directed to a particular set of circumstances. Legal advice on specific, individual cases should be obtained from an experienced immigration attorney. In exchange for using this site to gather information, you agree not to hold any person involved in the preparation and presentation of this site responsible or liable, either directly or indirectly, for any damages whatsoever that may arise from the use, misuse, and/or reliance on anything contained within this site. Viewing or using information presented on this website is not privileged and does not create an attorney-client relationship. An attorney-client relationship will be created only upon the express agreement of the parties.

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