Deportation Attorney

Get the BEST deportation attorney to defend you

 

Deportation from the United States is a serious matter with profound implications for individuals and families. The right to legal advice in deportation proceedings is fundamental. At Santoskhourny, we understand the gravity of these situations and provide expert legal guidance to navigate through them.

At Santos Khoury LLC, we outline the US deportation process including common reasons for deportation, how to avoid it, and what you can do if you have to attend a deportation hearing. We want you to be fully equipped for every eventuality because this can be a real process for many asylum seekers and refugees.

What is Deportation?

Deportation, also known as removal, refers to the formal expulsion of an individual from the United States by immigration authorities. Removal proceedings are initiated to enforce immigration laws. Seeking assistance from an experienced deportation lawyer is crucial to understanding your rights and options in deportation cases.

 

As per the USA government website, the process for deportation can be undertaken for non-US citizens who violate immigration laws. They state that the main reasons are:

 

  • Participation in criminal acts.
  • Displaying a threat to public safety.
  • Violating the terms of their visa.

 

The U.S. ICE (Immigration and Customs Enforcement) department is primarily responsible for deportation proceedings. Within this, there is the HSI (Homeland Security Investigations), and ERO (Enforcement and Removal Operations). ERO is directly responsible for enforcing immigration laws and is the department that physically removes offenders from U.S. territory.

Reasons for Deportation

If you are seeking asylum or an adjustment of status in the US, you must understand the reasons for detention so you can avoid them and protect your security in the country.

Common Grounds for Deportation (Immigration and Nationality Act)

Deportation can occur for various reasons outlined in the Immigration and Nationality Act. These include but are not limited to criminal convictions, visa violations, and immigration fraud. Your deportation attorney can explain these in greater detail, but the list includes:

  • If you were inadmissible at the time of entry into the US (I.e. you don’t have any case for asylum or any grounds to seek sanctuary in the country).
  • If you are in violation of any US laws or your non-immigrant visa has been revoked.
  • If you have violated the terms of your non-immigrant status or condition of entry into the US (such as your asylee or refugee status).
  • If your condition for permanent residence has been terminated (For example, if your Green Card has expired).
  • If you have engaged in or assisted in any smuggling activity (Smuggling concerning people).
  • If you have committed marriage fraud to obtain LPR status.
  • If you have committed one of a range of different criminal offenses (Including, but not limited to, aggravated felony, document fraud, and failure to register as a sex offender).
  • If you have failed to register document changes such as a change of address.
  • If you are considered a threat to national security (Such as engagement in terrorist activities).
  • If you have violated Federal laws and attempted to register to vote unlawfully.

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.

 

To give a summary, we can break the main reasons for deportation into five categories:

 

  1. Violation of immigration laws.
  2. Engagement in criminal acts.
  3. Marriage fraud.
  4. Failure to notify of an address change.
  5. Violation of the terms of your status.

 

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.

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.

One of the most stressful and frightening experiences someone can face is deportation

There are multiple strategies that can be used to defend someone facing deportation. However, the attorney matters as you may only get one chance. As the Best deportation attorney we have a track record of success defending immigrants from removal

At Santos Khoury LLC, securing your future is our mission. As the best deportation attorneys, we aim for the termination of proceedings and cancellation of removal whenever possible. Whether you’re dealing with visa overstay issues, illegal entry, or even a criminal history, our seasoned deportation lawyers are skilled in navigating complex cases to achieve lawful permanent residency or citizenship. Trust us to be your steadfast advocates in these challenging times

If you are in immigration detention and are seeking release you will want an experienced immigration deportation attorney. Our deportation attorneys have obtained release for our clients in immigration jail across the U.S. In order to obtain release you must prove that you aren’t a flight risk and that you aren’t a danger to the community. If you have questions call our deportation attorneys today.

If you ask for asylum at the border and you are detained you will likely have a fear interview. Asylum seekers who don’t pass this interview are usually scheduled for deportation but can ask to see a judge to confirm the asylum officers ruling. This hearing is known as a credible fear redetermination. Our attorneys have successfully overturned negative fear findings from the asylum office allowing our clients to pursue their asylum claims.

If you have lost your case in immigration court or have had an immigration application denied, you will likely want to appeal your case. We often have clients retain our firm after having a bad experience with a previous attorney. You cannot be deported while your appeal is pending and many take several years to complete. However, you must act quickly. An appeal must be received by the Board of Immigration Appeals within 30 days after the Immigration Judge’s decision.

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:

 

  1. Request voluntary departure before the day of your final hearing.
  2. Confirm you are in the US illegally.
  3. Withdraw any applications you have (such as granting of asylum application).
  4. Prove you can afford to leave the US and intend to do so.
  5. 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.

5/5

Strategies to Fight Deportation

Various legal strategies can be employed to fight deportation and seek relief. These include:

  • Adjustment of status
  • Cancellation of Removal
  • Granting of asylum
  • Registry
  • Suspension of deportation
  • Waivers of deportation or inadmissibility
  • Withholding of removal

Adjustment of Status

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.

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

  1. You have been a lawful permanent resident for 5 years.
  2. You have continuously resided in the US for seven years.
  3. Not been convicted of an aggravated felony.

Non-Permanent Residents

  1. Physically present in the US for a continuous period of 10 years.
  2. Demonstrated good moral character during that period.
  3. Not been convicted of any criminal offenses.
  4. Demonstrate that removal would result in hardship to you or your family members.

Granting of Asylum

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.

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:

  1. You entered the US before January 1st, 1972.
  2. You have had a continuous residence in the US since that point.
  3. You are present in US territory when applying for Registry.
  4. Can display good moral character.
  5. Do not fall under any categories of admission, such as conviction of war crimes.
  6. 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.
  • Can demonstrate that you will suffer extreme hardship if you are to be deported.

Waivers of Deportation or Inadmissibility

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.

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 of 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.

Understanding the Deportation Process is the Best Way to Avoid It

Navigating deportation proceedings requires comprehensive legal knowledge and strategic advocacy. At Santoskhourny, we are committed to providing personalized and effective representation to protect your rights and pursue the best possible outcome in your case.

Knowledge of the U.S. immigration system, including removals, is vital. If you arm yourself with knowledge and understand the reasons for deportation then you have it in your power to prevent the worse-case scenario from happening. That then means that you can continue your pursuit of the American Dream and work towards a brighter future for yourself.

The best deportation attorney is not just a legal expert, but a dedicated advocate who stands beside you every step of the way.”

Jeremy Bentham

Why Choose Us?

When it comes to defending against deportation, Santos Khoury LLC stands as the best deportation attorney, committed to providing unparalleled service and results. Our ethos goes beyond merely winning cases; we aim for meticulous case preparation and steadfast client support. With decades of experience in removal defense, our attorneys are equipped to answer all your questions and navigate the complexities of your situation. Choose us for an unwavering commitment to securing the justice and peace of mind you deserve

Knowledge & Experience

At Santos Khoury, our attorneys are not just experienced; they are experts in the field of deportation defense. As the best deportation attorney team, we bring a wealth of knowledge and years of hands-on experience to your case. From analyzing intricate details of immigration law to formulating robust defense strategies, our expertise ensures that no stone is left unturned in fighting for your rights. Trust us to provide the most informed and adept legal representation available, making every effort to safeguard your future in the United States.

Communication

One of the most common grievances clients have with immigration defense attorneys is the lack of timely communication. At Santos Khoury, we address this concern head-on by providing exceptional accessibility to the best deportation attorney team. Through a specialized mobile app, our clients gain direct and convenient access to us, ensuring that your phone calls and emails are promptly returned throughout the duration of your case. Choose us for a transparent and responsive legal experience that sets the gold standard in client communication

Confident

Selecting the right attorney means choosing one who is not only skilled but also passionately invested in your case. Surprisingly, many lawyers hesitate to assertively represent their clients against government attorneys. At Santos Khoury LLC, being the best deportation attorney means we are zealous advocates unafraid to challenge the government on your behalf. Our attorneys relish the opportunity to stand up for you, giving you the confidence you need to face your legal journey. Choose us for unwavering advocacy that boldly confronts every challenge.

clear prices and payment plans

Navigating the financial aspects of a deportation case can be overwhelming. That's why at Santos Khoury LLC, we strive to provide clear, upfront pricing along with flexible payment plans. As the best deportation attorney team, we understand the importance of making quality legal representation accessible. Our transparent pricing and payment options are designed to eliminate financial stress, allowing you to focus solely on your case. Choose us for a straightforward and affordable legal experience without hidden fees or surprises.

FAQs

A deportation defense attorney provides legal representation and guidance if you are facing deportation, helping you understand your rights, explore available options, and advocate on your behalf in immigration court. Their wealth of knowledge and experience in US immigration law are invaluable if you are facing deportation.

Recent trends in immigration-related laws, such as changes in enforcement priorities and eligibility criteria for certain forms of relief, can significantly impact deportation proceedings and outcomes. For example, Presidential changes have often had a significant impact on the number of people deported, as was seen in the difference between deportation numbers during the terms of Barack Obama and Donald Trump.

Yes, there are specific rules and requirements for admission into the United States, including visa categories, entry procedures, and eligibility criteria based on immigration laws and policies. Failure to comply with these requirements can lead to removal proceedings.

The right legal representation is crucial for ensuring that your rights are protected, that you understand your options, and that you have the best possible chance of a successful outcome in your immigration case. A disreputable immigration attorney may not have your best interests at heart and may only seek a paycheck, whereas a noble firm with a great reputation will put you first.

A deportation defense attorney can contribute to a successful case outcome by providing knowledgeable legal guidance, advocating on your behalf in court, and developing effective strategies to challenge deportation and seek relief.

Strategies for constructing a strong deportation defense may include gathering evidence, presenting witnesses, challenging government evidence, and applying for relevant forms of relief from removal. There is also the option to seek voluntary removal if it is clear that the defense hearing is not going to go in your favor.

An attorney can help safeguard your immigration status by providing timely advice, assisting with applications and petitions, representing you in immigration proceedings, and advocating for your rights. They understand the different immigration statuses and thus can advise you on what you can and can’t do to avoid deportation.

A deportation defense attorney can help secure your American dream by defending you against deportation, exploring avenues for legal status, and advocating for your rights and interests in immigration proceedings.

If you have a deportation order or are facing deportation proceedings, it is crucial to contact a deportation defense attorney as soon as possible to explore your options and protect your rights. Ideally, as soon as you have the deportation order or notice to appear, you should immediately contact an attorney for their advice.

Ask Us Anything. anytime.

Complete this following form and our attorneys will contact you within 24 hours.