We fight to keep you in the United States

Being placed in deportation proceedings or detained by Immigration and Customs Enforcement (ICE) is one of the scariest situations an immigrant can find himself/herself. Deportation defense is complex and a matter of life and death for many immigrants facing removal from the United States. If you or a loved one has been detained by ICE, you must speak to an immigration attorney as soon as possible.

Understanding the Deportation Process

Unless you are a U.S. citizen, there are circumstances under which you can be subject to deportation from the United States. If you are undocumented, on a temporary visa, or even a lawful permanent resident, you can be placed in deportation proceedings.

These proceedings take place in Immigration Court, and are usually started after someone is arrested for a crime. At that point, the undocumented status or overstayed visa is discovered, and ICE steps in to begin the process of removal. This even applies to green card holders if they commit certain crimes.

Even if you have not committed a separate crime, if you are found to be in the United States without permission or have overstayed a temporary visa, this alone is enough for ICE to begin deportation proceedings against you.

Undocumented individuals: Proceedings can begin after being identified as undocumented or in relation to a separate crime.

Temporary Visa holder: Proceedings can begin for any of the following reasons that include, but are not limited to –

  • Working without government authorization
  • Violating the terms of the visa
  • Overstaying the visa (remaining in the U.S. after the expiration of the period of authorized stay)
  • Lying to an immigration officer (usually about the intention to depart the U.S. in accordance with the visa’s authorized stay)
  • Committing a marriage or document fraud (usually in an attempt to Adjust Status and obtain a green card)
  • Getting convicted of a crime (misdemeanor or felony)

Lawful Permanent Resident: Proceedings can begin after conviction of certain crimes.

Evaluating Your Options for Deportation Defense

We can represent you at your Immigration Court appearances and find all possible options for relief from deportation. We fight to get you out of detainment and home with your family as soon as possible. We can work to get bond from the detainment facility and file applications when you qualify for the appropriate relief. We fight for you all the way to the top. We can appeal your case to the Board of Immigration Appeals and even the Fifth Circuit U.S. Circuit Court of Appeals if necessary to get the relief you need.

Types of Deportation Relief

The Immigration and Nationality Act (INA) provides several forms of relief from deportation, which can be requested during an individual hearing in immigration court, such as:

  1. Adjustment of Status, providing supplemental information to the United States Citizenship and Immigration Services (USCIS), if you are seeking to adjust your status from a non-immigrant to a lawful permanent resident: under the provisions of section § 245 or 245 (i) of the Immigration and Nationality Act (INA), often petitioned for by a spouse, another family member, or an employer, under the provisions of section § 249 if you entered the United States if you entered the U.S. before January 1, 1972 and meet other requirements.

  2. Cancellation of Removal is available to qualifying lawful permanent residents who have continuously resided in the United States for at least 7 years and qualifying non-permanent residents continuously present for at least 10 years. You can also show that your being removed would cause “exceptional and extremely unusual hardship” to your spouse, parent, or child who is a U.S. citizen or permanent resident. Specific requirements for LPR Cancellation of Removal – 

    • have been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed
    • have continually resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered
    • have not been convicted of an aggravated felony
    • have not received cancellation of removal or 212(c) relief in the past, and
    • as a matter of discretion, deserve to win your case.
  3. Suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (NACARA), available only if you meet very specific requirements, including being from one of a list of particular countries.

  4. Cancellation of deportation according to the Violence Against Women Act (VAWA), for battered non citizen spouse or child of an abusive U.S. citizen or permanent resident.

  5. Protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), if it is likely that your home country’s government will torture you if you have to return there.

  6. Asylum, for the victims of persecution in their country of origin, under section section 208(a), when the alien qualifies as a “refugee”. The petitioner has to demonstrate the inability to return to his/her home country.

  7. Withholding of Removal under the United Nations Convention Relating to the Status of Refugees, is a form of relief of removal to a country where the alien would suffer persecution based on race, religion, nationality, or political opinion. It provides fewer benefits than asylum, because recipients are usually ineligible to apply for permanent residence or travel outside of the United States.

  8. Voluntary Departure at your own personal expense and return to your home country, or another country. It’s the most common form of relief from removal and may be granted by Immigration Judges, as well as the DHS. People granted voluntary departure must depart within the time specified by the Immigration Judge. Usually people granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those after the conclusion of removal proceedings must depart within 60 days.

  9. Motion to Reopen or Reconsider by filing a timely motion with an Immigration Judge or the Board of Immigration Appeals (BIA). If you choose a motion to reopen, your deportation defense attorney must file it within 90 days of the final removal order and you have to introduce new and additional evidence. If you choose a motion to reconsider you look for a reexamination of the decision and you must file it within 30 days of the date of the final order.

  10. Motions to Terminate, if the charges on the government’s NTA are not correct (even on technicalities), you may get deportation proceedings terminated by an Immigration Judge.

  11. Motions for Administrative Closure based on I-601A. An application for Waiver of Grounds of Inadmissibility is a request for legal entry to the United States or for Adjustment of Status to Lawful Permanent Resident, made by an applicant that is not admissible to the United States for one or more of these grounds. Form I-601 may be filed and submitted to the Consular Officer, the USCIS the immigration court. Some individuals who are married to U.S. citizens or have U.S. citizen parents may be eligible to ask the Immigration Judge to close proceedings while they file an I-601A waiver.

Notice of Hearing of Removal Proceedings

Removal (deportation) proceedings starts by the notification of Form I-862, Notice to Appear (NTA) by the Department of Homeland Security on an immigrant. The NTA is filed with the immigration court having jurisdiction to the immigrant’s place of residence. If the immigrant no longer resides within the jurisdiction of the original court, a Motion for a Change of Venue can be filed.

The NTA will contain the reason of removability from the United States. The NTA must be properly served on the immigrant. If a respondent was not given proper notice of the court hearing, a deportation order entered in absentia can be rescinded by filing a Motion to Reopen.

If you or a loved one has received a Notice of to Appear or is being detained by ICE, it is extremely important to contact an immigration attorney as soon as possible. Every second counts. Call our office today to speak to the attorney about getting bond, and your options for relief from deportation.

Hablamos Español. (512)265-8989