Immigration Legal Services
BEST Deportation Attorney to Defend You
Service Description
Navigating removal proceedings requires the expertise of an experienced deportation lawyer. At Santos Khoury LLC, our dedicated deportation defense lawyers, providing legal representation to help you fight removal and achieve a favorable outcome.
We are here to help you with every aspect of the deportation process. Including removal hearings, legal options, and strategies to stop deportation. Whether you are dealing with immigration court proceedings or seeking waivers, understanding your rights is essential.
Features
- Personalized Solution For your Case
- Complete Confidentiality
- Flexible Payment Plans
- Nationwide Services
- Free Consultation
- Drafting documents
Understanding Deportation and Immigration Laws
Deportation, also referred to as removal occurs when the U.S. government orders non-citizens to leave the country for violating the law. Common reasons for deportation include visa violations, criminal convictions. If you are facing deportation due to a conviction, it is crucial to have an attorney knowledgeable in both immigration and criminal law to navigate the complexities of your legal situation and develop an effective defense strategy. Working with experienced deportation lawyers can help you explore your options and defend your immigration status.
Key terms to know in the law include:
Immigration court: Where deportation proceedings are held.
Removal proceedings: The legal process determining whether an individual should be deported.
Citizenship and Immigration Services (USCIS): The agency overseeing lawful immigration applications.
An experienced immigration attorney can guide you through every stage of removal defense, from the initial hearing to winning your case.
Common Reasons for Deportation
Non-citizens may face removal for various reasons outlined in the Immigration and Nationality Act.
The most common include:
Visa Overstays or Violations: Remaining in the U.S. beyond the allowed period.
Criminal Convictions: Crimes such as fraud, aggravated felonies, or drug-related offenses.
Marriage Fraud: Entering a fraudulent marriage for immigration benefits.
National Security Threats: Activities deemed dangerous by the U.S. government.
Immigrants must understand these risks and consult with lawyers to build a strong case.
The most common reasons are violating immigration laws, failure to notify of an address change, and violating the terms of your stats. These are also things that can be easily avoided if you take the time to learn the US asylum process properly.
As you can see, a deportation attorney can help you avoid any of the above and make clear the things you can and cannot do. In most instances, common sense prevails, however – if you fulfill the conditions of your non-immigrant or LPR status and conduct yourself in a moral manner, deportation should not be an issue.
Examples of Common Deportation Triggers
Examples of triggers for deportation include illegal entry, overstaying a visa, committing crimes of moral turpitude, and engaging in activities contrary to visa conditions. We advise reading the previous link to the Immigration and Nationality Act as this contains a detailed breakdown of the different deportation triggers.
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Removal Proceedings: What to Expect
1. Master Calendar Hearing: This hearing is where the judge reviews your case. You will declare whether you contest the charges and present your arguments. Having an experienced attorney by your side ensures you make informed decisions.
2. Individual Hearing: In this stage, you and your deportation defense lawyer present evidence to support your case. The judge will evaluate your eligibility for relief, such as asylum or cancellation of removal.
How Our Deportation Defense Attorneys Help You
At Santos Khoury LLC, our deportation defense lawyers specialize in helping clients with cancellation of removal. Here’s how we assist:
1. Legal Representation
We provide skilled representation during removal hearings, presenting strong legal arguments to protect your immigration status.
2. Filing Deportation Waivers
If eligible, we help you file waivers for deportation, addressing issues like visa overstays or minor convictions.
Seeking waivers to overcome grounds of inadmissibility or deportability based on certain factors, such as hardship to qualifying relatives, is another potential option to avoid removal.
The most common form of this is if you are inadmissible for entry to the US during your application process. If this happens, you can request to file Form I-601 (Application for Waiver of Grounds of Inadmissibility). This process can be lengthy and difficult, and this is where a deportation lawyer can prove valuable.
3. Pursuing Asylum
For those fleeing persecution in their home country, we guide you through the asylum application process, ensuring compliance with eligibility requirements under U.S. immigration law.
The granting of asylum is obtaining protection for individuals facing persecution or fear of persecution in their home countries based on race, religion, nationality, political opinion, or membership in a particular social group.
Once you have a pending asylum application, you are protected from deportation. However, in certain rare circumstances, the US Government can terminate your asylee status which can then result in removal.
4. Assistance with Adjustment of Status:
Our experienced attorneys help you transition to lawful permanent residency, avoiding removal.
Changing immigration status to lawful permanent resident (green card holder) within the United States under certain eligibility criteria acts as a protection from deportation.
For example, you may have gained asylee or refugee status but have overstayed the permitted time and have been placed in deportation proceedings. Applying for a Green Card (Adjustment of Status) offers some protection from removal. However, it’s important to note that you can still be deported as a Legal Permanent Resident under some circumstances.
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Legal Options for Facing Deportation
If you are at risk of being deported, there are several options to consider:
Cancellation of Removal: Available to non-citizens who meet specific criteria.
Voluntary Departure: Leaving the U.S. voluntarily to avoid the penalties of formal removal.
Withholding of Removal: Protection from removal if returning to your home country poses a risk of harm.
Appeals: Challenging the judge’s decision in a higher court.
Each option has its own requirements, and our immigration attorneys can help you choose the best strategy.
Voluntary Departure
Voluntary departure allows individuals facing deportation to leave the country voluntarily, often with certain benefits such as avoiding a formal removal order and the possibility of returning to the United States in the future. There are two types of voluntary departure:
- Pre-conclusion (This must be requested at the beginning of your process for deportation).
- Post-conclusion (This is only available after a final deportation hearing)
The main benefit of voluntary departure is that there is no “stain” on your record. You don’t receive an order of deportation on your record and thus have more chance of returning to the US in the future. Also, voluntary departure opens more avenues to legally return to the US as opposed to being deported.
The downside is that you have to leave the country at your own expense and within a set timeframe. Failure to do so can have severe consequences. It can also hamper your ability to reenter the US at a later date. To qualify for pre-conclusion departure, you must do the following:
- Request voluntary departure before the day of your final hearing.
- Confirm you are in the US illegally.
- Withdraw any applications you have (such as granting of asylum application).
- Prove you can afford to leave the US and intend to do so.
- Show that you are a good person.
This handy brochure explains voluntary departure in greater detail, and your deportation defense attorney can help decide if this is a viable option you should consider taking.
Bond Hearings After ICE Arrests
There may be a situation where you are placed in ICE Detention while you are under pending removal proceedings. Understandably, this can leave you feeling anxious, stressed, and uncertain about what to do next and what is happening. To avoid ICE detention, there is the potential to request a bond hearing.
Bond hearings, conducted by immigration judges, determine whether individuals arrested by Immigration and Customs Enforcement (ICE) should be released on bond pending their deportation proceedings. Understanding the process and potential outcomes of bond hearings is critical.
During the hearing, the judge first assesses if you are subject to mandatory detention, which can be the case for some foreign nationals. After that, they review your case and any evidence to determine if you can be released and avoid detention. Evidence you can provide includes proving you aren’t a flight risk, proof of rental accommodation, or proof of employment in the U.S., for example.
If the judge determines you are eligible for release, they set a bond. A bond is essentially a fee that must be paid so you can be released. The minimum bond fee for these hearings is $1500 but it can be higher if the judge deems you are a flight risk or security threat. You then have 30 days to post the bond at which point you are released.
Role of Immigration Judges and Court
Immigration judges play a crucial role in removal proceedings. They evaluate evidence, assess arguments, and determine whether removal is warranted by government officials. Appearing in court can be intimidating, but having a deportation defense lawyer ensures you are well-prepared.
Our law offices have successfully represented clients before immigration judges across the U.S. By leveraging our experience and knowledge of immigration services, we aim to secure a favorable outcome for your case.
Experienced Immigration Attorneys
Facing deportation is challenging, but you don’t have to go through it alone, especially as an immigrant. Santos Khoury LLC is here to provide the legal support you need. Contact our law offices for a free consultation and take the first step toward protecting your future.
Other Strategies to Fight Deportation
Various legal strategies can be employed to fight deportation and seek relief. Besides waivers of deportation or inadmissibility, asylum, and adjustment of status there are other strategies including:
- Cancellation of Removal
- Registry
- Suspension of deportation
- Withholding of removal
Cancellation of Removal
Seeking relief from deportation for individuals who meet specific requirements, such as demonstrating continuous presence in the United States and showing hardship to qualifying relatives is known as a cancellation of removal.
This is an immigration benefit offered to permanent and non-permanent residents can appeal to an immigration judge to adjust their status. Conditions required to be eligible for Cancellation of Removal includes:
Permanent Residents
- You have been a lawful permanent resident for 5 years.
- You have continuously resided in the US for seven years.
- Not been convicted of an aggravated felony.
Non-Permanent Residents
- Physically present in the US for a continuous period of 10 years.
- Demonstrated good moral character during that period.
- Not been convicted of any criminal offenses.
- Demonstrate that removal would result in hardship to you or your family members.
Registry
Registry is a specific provision for those seeking lawful permanent resident status who have continuously resided in the United States since a certain date, meet specific eligibility criteria, and demonstrate good moral character.
The original registry provision was drafted in 1929, but since then, it has been updated several times, with current eligibility for this provision being:
- You entered the US before January 1st, 1972.
- You have had a continuous residence in the US since that point.
- You are present in US territory when applying for Registry.
- Can display good moral character.
- Do not fall under any categories of admission, such as conviction of war crimes.
- Have submitted Form I-485 (Application to Register Permanent Residence or Adjust Status).
Registry has been a lifeline to tens of thousands of people. For example, it was estimated that between 1985-1989 (the Registry date was last changed in 1986), 58,000+ people benefited from the policy. In time, as per historical data, it is expected that the Registry date will be changed again, thus helping more people avoid deportation.
Suspension of Deportation
Challenging deportation and seeking suspension of deportation for certain eligible individuals under specific circumstances can be a viable option. This process is potentially available for those who are in deportation hearings where their initial appeal has failed.
You can then apply for a suspension of deportation if you:
- Can prove you have had a continuous physical presence in the US for more than 10 years.
- Can demonstrate you have a good character.
- It can demonstrate that you will suffer extreme hardship if you are to be deported.
Withholding of Removal
Withholding of removal is obtaining protection from removal for individuals who can demonstrate a clear probability of persecution or torture in their home countries. It should be clear that withholding removal is not a desirable path to take as it does not convey many benefits.
For example, it offers less protection than asylum status and does not grant you a path to permanent residency or U.S. citizenship. Essentially, this is a type of limbo where you cannot be removed but can’t really start to build your new life in the U.S., either.
Why Choose Santos Khoury LLC?
1. Expertise: Our immigration attorneys have years of experience handling complex removal proceedings. We understand the court procedures and provide personalized legal representation.
2. Transparent Communication: We keep our clients informed at every step, offering a free consultation to discuss their case and options.
3. Proven Track Record: Our law firm has a history of helping thousands of clients with removal withholding, and securing asylum.
Frequently Asked Questions
It is the initial hearing in immigration court, where the immigration judge reviews the charges and outlines the next steps in removal proceedings.
Yes, an immigration lawyer can build a strong defense, explore options, and present legal arguments to stop removal.
Those are legal remedies that allow non-citizens to remain in the U.S. despite facing deportation for specific violations.
Feel free to contact Santos Khoury LLC for a free consultation with our experienced deportation attorneys.
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