At the Law Offices of Hoyt S. Minkoff, we understand that when you or a
loved one is facing deportation from the United States, your entire family
has a stake in the outcome.  I take the time to carefully evaluate the merits
of the case so that my client and the family can make an educated and
informed decision about how to best proceed.  While there are unknown
variables in any case, a careful analysis at the very beginning can reasonably
bring to focus the exact issues and the availability of evidence that are
critical to a successful case.  I have found that early and frank legal analysis
is crucial for a family to make a decision balancing the merits of the case
with the best use of family resources.
Basic Deportation Defenses
  • Adjustment of Status *
   Basic Requirements:
  1. inspected and admitted  or paroled into the U.S.;
  2. eligible to receive an immigrant visa;      
  3. admissible to the U.S.; and
  4. visa is immediately availabl.e

  • Voluntary Departure (post- hearing) *
    Basic Requirements:
  1. One year presence in the United States prior to receipt of the Notice To Appear;
  2. Five years of Good Moral Character;
  3. Not Deportable because of an Aggravated felony or national security threat; and
  4. Demonstrates financial means to depart the U.S. and will do so.

  • Voluntary Departure (pre-hearing) *
      Basic Requirements:
  1. Not Deportable because of a commission of an Aggravated Felony or as a
    Terrorist;
  2. Must be able to leave under his or her own expense;
  3. Concedes Removability; and
  4. Waives additional forms of relief

  • Asylum  *
      Basic Requirements:
  1. Unable or unwilling to return to country of nationality;
  2. Because of past persecution or a well founded fear of future persecution;
  3. On account of race, religion, nationality, political opinion, or membership in a
    particular social group; and
  4. deserving of discretionary relief.

  • Cancellation of Removal (LPR) *
      Basic Requirements:
  1. Has been a permanent resident for at least five (5) years;
  2. Has (7) years continuous residence in the United States after having been
    lawfully admitted in any status;
  3. Have not been convicted of an aggravated felony; and
  4. Deserving of a favorable exercise of discretion.

  • Withholding of Removal *
      Basic Requirements:
  1. Unable or unwilling to return to country of nationality;
  2. Because of past persecution or a well founded fear of future persecution;
  3. On account of race, religion, nationality, political opinion, or membership in a
    particular social group; and
  4. More likely then not that the alien would be persecuted if deported

  • Convention Against Torture (under the United Nations)
      Basic Requirements:
  1. More likely then not to be subject to torture; and
  2. At the hands of the government or with the government’s consent or
    submission.  

* Please note that a careful legal analysis is required to determine eligibility if you have
any criminal convictions  such as a particularly serious crime, an aggravated felony,
drug offense, violent crime or a crime involving moral turpitude.  
Phone: 408-200-9897      or        Toll Free at 1-877-401-5536
Federal Immigration and
Social Security Disability
Advocates
Deportation and Removal Defense
Your Immigration
and Social Security
Advocates
THE LAW OFFICES OF
  HOYT S. MINKOFF