DEPORTATION DEFENSE

Fighting For Your Right To Stay In The United States

Immigration attorney amanda marie oliveira law

If you or a loved one are facing potential deportation from the U.S., you may be understandably shaken, anxious and concerned for your future. You may be facing separation from your loved ones, loss of your financial security and your home. A deportation notice is a serious matter involving high stakes.

Immigrants and non-citizens in the U.S. face the very real threat of removal or deportation for failing to follow proper protocol or as punishment for criminal activity. Facing removal proceedings can be strenuous and troubling. For many immigrants facing removal from the U.S., the process involves appearing before an immigration judge in immigration court.

Common Grounds for Deportation or Removal

When it comes to deportation or removal, the most common reasons usually involve unlawful activity in one form or another. Common grounds for deportation or removal proceedings include:

  • A criminal conviction
  • Unlawful entry or illegal immigration
  • Unlawful presence
  • Status violations
  • Prohibited employment activity 
  • Aggravated felony convictions
  • Referral from the asylum office after an unsuccessful application for asylum
  • Certain national security offenses
  • Terrorism related violations
  • Failure to maintain non-immigrant status
  • Loss or abandonment of permanent resident status
  • Immigration violations
  • Immigration fraud
  • Finding of guilt in any offense, not necessarily a crime, related to controlled substances

Depending on the circumstances of your case, deportation may seem like an extreme response to a minor offense. No matter the circumstances of your case, a skilled immigration lawyer can help you fight for your right to stay in this country.

How To Fight Deportation Or Removal

Every removal or deportation proceeding has two stages. The first stage involves the immigration judge determining whether or not the immigrant is deportable or inadmissible. At this stage, an attorney will present evidence and arguments against deportability or inadmissibility.

If the judge determines that you are either deportable or inadmissible, you move on to the second stage of the process — applying for relief from removal. The Immigration and Nationality Act (INA) provides several forms of relief for immigrants facing deportation. These remedies include:

Stops your deportation; dependant on whether you are a lawful permanent resident with a green card or if you are an undocumented immigrant.

Some people should not be deported or removed to their countries of citizenship or residence because they are afraid to return there. If such fear is reasonable and other complex requirements are satisfied, an immigrant may be recognized as a refugee and granted protection from removal in the form of asylum. These individuals can apply for permanent resident status.

Similar to asylum, a withholding of deportation prohibits the government from deporting the immigrant to his home country. However, it does not permit the immigrant to apply for permanent resident status.

Helps undocumented immigrants apply for lawful permanent residence status provided they can meet specific requirements.

Can apply for permanent residence through this remedy if (1) he or she was continuously physically present in the country for seven or more years, (2) is a person of good moral character, and (3) deportation would cause extreme hardship on the immigrant, or a spouse, children or parents who are citizens or lawful residents of the country.

Similar to a suspension of deportation, these waivers depend on if the immigrant can establish extreme hardship to himself or his relatives if deported. This remedy also takes into account how long the immigrant has been in the country.

These are two separate forms of relief that allow undocumented immigrants who lived in the U.S. for an extended period to remain in the country. Legalization occurs when amnesty has been granted to a particular immigrant or class of immigrants; it is extremely rare. Registry is a far more common remedy. Here, you must be able to show that you have a good moral character, are not guilty of any aggravated crimes and are eligible for citizenship.

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