Deportation Defense Lawyer
Defense of Deportation
All non-U.S. Citizens who are living in the U.S. could be subject to deportation if they violate the terms of their stay or commit certain crimes. Even individuals who have been legal permanent residents for many years can still be placed into deportation proceedings if they violate the terms of their stay.
GROUNDS FOR REMOVAL AND DEPORTATION:
1. Criminal Grounds
Being convicted of certain crimes can trigger a deportation proceeding even though the defendant was convicted of a misdemeanor and did not serve anytime in prison
When an immigrant (whether a legal permanent resident or not) is confronted with a criminal proceeding, he or she should immediately consult with an immigration practitioner to understand the possible consequences of the pending criminal charge and take precautionary steps before entering into a plea.
It is important to understand that USCIS finds a conviction even if there is an expungement or deferred sentence. Per the Immigration & Nationality Act, a conviction occurs anytime there is a finding or plea of guilt, and any sort of punishment (even probation) given as a result of the guilty plea.
Immigration consequences of criminal pleas are one of the most heartbreaking aspect of immigration defense, because so often my hands are tied by the actions of the criminal defense attorney who may not have taken the time to consult with an immigration practitioner.
If you are in any doubt about you charges, please call The Law Offices of Ricky Malik, P.C., this is an are we specialize in and will carefully insure that you are aware of the immigration consequence of any guilty verdict so you can knowingly proceed.
2. Violation of Status
A person who violates his non-immigrant or immigrant status, or has entered the United States illegally (EWI – Entry without inspection) and has remained in the United States without any permission is subject to deportation. This includes but is not limited to, entry without inspection, overstaying of a non-immigrant visa, unauthorized employment, violating the terms of a student visa, failure to apply for removal of conditional residency, and alien smuggling.
3. Other Grounds
A person is subject to deportation if he or she engages in unlawful voting, activities that violate U.S. laws, falsely claims to be a U.S. citizenship, engages in document fraud, fails to notify immigration of a change of address and fails to register, or was inadmissible to the U.S. at time of entry. A person could also be placed in deportation proceedings on the basis of economic grounds.
How will the Law Offices of Ricky Malik, P.C. Defend You
A person in deportation proceedings can assert several defenses to the charge of removability and deportability. The government has the burden of proving by clear, unequivocal, and convincing evidence. Each case must be analyzed for defenses.
Even if the Government can prove a foreign national is Deportable, the Law Offices of Ricky Malik, P.C. can still fight for your ability to stay in the United States or a “Relief” to allow you to Return
Cancellation of Removal for Legal Permanent Residents
To qualify for this relief, Respondent must have been a Legal Permanent Resident for 5 years, has resided in the U.S. continuously for 7 years, has not been convicted of an aggravated felony. Certain categories of individuals are ineligible for cancellation of removal. Once cancellation of removal is granted, the Respondent is restored to legal Permanent Resident status previously held.
Cancellation of Removal for Nonpermanent Legal Residents
To qualify for this relief, Respondent must show that he has been physically present in the U.S. for a period of 10 years from the date of the application, the Respondent must have been a person of good moral character, has not been convicted of certain crimes, and must show that exceptional and extreme hardship will be caused to a U.S. Citizen or Legal Permanent Resident spouse, parent, or child if they were removed. Certain categories of individuals are ineligible for cancellation of removal.
Adjustment of Status or Readjustment of Status with a waiver
A Respondent may apply for relief from deportation if he or she had an immigrant visa that is immediately available, are admissible, have entered the U.S. lawfully or are covered under the provision of 245(i).
Asylum and Withholding of Deportation
A person in deportation proceedings is also eligible to assert asylum claims if the person can establish that he/she will be persecuted or severely harmed if returned to the country of origin. Generally the person must demonstrate harm on the basis of race, religion, nationality, membership in a particular social group, or political opinion.
Waivers
There are several waivers available for those who have been deemed deportable or inadmissible. Two such waivers were mentioned above, Cancellation of Removal for an LPR an a non-LPR. In addition there are waiver under section 212(h), 212(c) for pre IIRIRA crimes, 237(a)(1)(H) for fraud or misrepresentation, and many more that an experienced and knowledgeable immigration attorney can help you find eligibility.
Immigration Court is one of the most difficult places for any lawyer, even a seasoned immigration lawyer to practice. Before you hire an attorney if you are in court, make sure the attorney is able to fight and will not rollover. It takes a master of immigration laws to analyze every angle to prevent your removal.
Deportation Hearings – Your Opportunity to Challenge a Notice of Deportation
If you’ve received a notice of deportation proceedings, you may wonder if there is anything you can do or if anyone will listen to your explanation. The letter you received should include a notice of a deportation hearing. In this hearing, you may present a defense to justify why you should be allowed to remain in the country.
Many people end up running afoul of the USCIS simply because they do not know the laws or struggle with the language. You need help, and we can deliver. A skilled Alexandria, VA, deportation defense lawyer can review your notice, explain the legal reasoning behind immigration’s decision, and advise you of your next steps. You have rights, and the legal team at The Law Offices of Ricky Malik, P.C., is here to protect them. Call us today to get started.
An Alexandria Deportation Defense Lawyer Can Help in Deportation Hearings
Your removal (deportation) hearing will be held in an immigration court; there are many across the U.S., including in nearby Annandale and Arlington, Virginia. These courts are overseen by the Executive Office for Immigration Review, a subsection of the Department of Justice.
An attorney is helpful during these proceedings, as they can explain the law to you and how the legal process will proceed. They also know what kind of supporting evidence is admissible in these hearings and how you can collect evidence to support your petition to remain in the U.S.
Your first step is a Master Calendar Hearing, in which you deny or admit to the charges of inadmissibility. An attorney can represent you and guide you at this initial hearing, helping you understand what the judge asks and how to respond.
If your case isn’t resolved in the master calendar hearing, you will be assigned an individual hearing date. This is a more formal proceeding, similar to a trial, in which you present your defense and prove to the immigration judge that you should be eligible for some type of lawful immigration status. Depending on your situation, your lawyer may also contest an issue with the government, another benefit of having legal help.
Possible Outcomes of an Immigration Hearing
Even though the possibility of being deported is a huge worry, you’ll be better off working with an experienced immigration lawyer to appeal the notice and prepare a defense rather than not going to the hearing.
If you fail to attend the master calendar hearing, the immigration court will order that you be removed in absentia. This means you’re on the list to automatically be removed from the country and may forfeit your opportunity to prove that you are eligible to stay. Even if you think that the notice is correct, and you did make a mistake that can get you deported, you should still speak with a lawyer. They have the legal knowledge and insight you may not have and want to advocate for you.
Hiring a Virginia Deportation Defense Lawyer
If you received a notice of removal, you may not automatically be deported. An Alexandria deportation defense lawyer can review your options and guide you through the removal defense process. Contact The Law Offices of Ricky Malik, P.C., today for a consultation.
