Deportation Defense Attorney – Helping Eligible Individuals Avoid Deportation
In the mid-90s, several laws were passed that increased the rate of deportation for foreigners. The laws have some strict provisions regarding immigration applicants and criminal activity, including some misdemeanors. The prospect of deportation can be scary and overwhelming. Seek legal advice and representation that will help you resolve your case and remain in the United States. As your trusted deportation defense attorney, The Law Offices of Anable & Rivera PC is here to serve people facing deportation or a complicated immigration case.
How We Can Help You Avoid Deportation
Technically speaking, the legal onus is on the U.S government to prove that an individual should be removed from the country through clear, convincing, and unequivocal evidence. The person in question has the opportunity to apply for various forms of relief. A deportation defense attorney will help you build your case and submit the proper and necessary forms. Possible forms of relief from deportation include:
- Applying for adjustment of status
- Waivers of inadmissibility
- Cancellation of removal
- Withholding of removal
- Convention against torture
Our Removal Defense Services
If an individual is facing deportation, they will receive a Notice to Appear (NTA) from a U.S official. This kickstarts removal proceedings of the government trying to remove an individual from the country. This is an administrative case and is not necessarily considered a criminal matter. A judge will ultimately have the decision about whether a person is removed from the country or not. People facing deportation, however, are not appointed an attorney or legal representation by the U.S government. Having a professional immigration defense on your side can make the difference between staying or having to leave the U.S.
Federal Laws Regarding Deportation
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) states that if a person has been unlawfully present in the U.S for 180 days, they must stay outside the U.S for a minimum of three years. If a person was residing or present unlawfully in the U.S for more than a year, they might be required to remain outside of the U.S for at least 10 years. There are some exceptions such as obtaining a waiver.
You might be facing deportation if you:
- Entered the U.S unlawfully
- Overstayed your visa
- Violated your visa
- Committed fraudulent activity
- Participated in criminal conduct or activity
Learning Your Rights
Even when facing removal from the country, an individual still has rights and grounds for defense. Because the process can get a little confusing, an immigration lawyer will help you understand your rights and ensure that you are using the various lines of defense available to you. For example, if an Immigration Judge denies your case, you have thirty days to appeal the decision to the Board of Immigration Appeals. There is also a process called cancellation of removal that allows individuals facing deportation proceedings to apply for residency status but is contingent upon fulfilling several requirements.
Our office can also help with special parole requests cases for individuals who need to leave and return to the country. Requests for parole for people facing deportation proceedings are under the jurisdiction of ICE and require a special filing and process.
How Long Does the Process Take?
The length of the process depends on your particular cases and special circumstances. Several factors come into play including your current immigration status, records, and reasons for facing deportation. Here at The Law Offices of Anable & Rivera PC, we fight to get your case resolved as soon as possible.
How Can We Help With Your Deportation Situation?
Facing a Notice to Appear can be an intimidating moment. It might seem like the world is closing in on you, and you are running out of options. The reality is that you have options and a seasoned attorney can help you navigate the system. Call us for a consultation. If you or a loved one is facing deportation, The Law Offices of Anable & Rivera PC is ready to back you up.