If you find yourself facing deportation (otherwise known as removal proceedings) from the US, know you have the right to appeal your removal. Time is of the essence; it is imperative individuals facing deportation understand their rights. Our Texas immigration attorney can navigate the legal process and fight for you to remain in Texas.
When does the US use Deportation?
The US Department of Homeland Security (DHS) may deport persons who are lawfully in the US for a multitude of reasons, including scenarios in which an individual:
- violated the terms of a green card, visa, or other such item or status
- was convicted of abandonment, domestic violence, neglect, child abuse, or stalking after admittance to the US
- was inadmissible when entering the country or when adjusting their immigration status
- was convicted of one or more crimes of moral turpitude
- had a conditional permanent resident status which has since been terminated
- got married, then divorced or annulled the marriage within a specific time period
- helped smuggle an alien into the country
- committed marriage fraud
Individuals at greater risk for deportation are those who entered the country with forged documents or without legal travel authorization. These individuals will face increased scrutiny during the removal proceedings; it is advisable to hire a Texas immigration attorney to represent you during these proceedings to fight for the ability to remain in the US.
Additionally, the DHS may deport individuals for reasons not listed. It is of the utmost importance for individuals facing removal proceedings to contact a Texas immigration attorney to determine the best defense for the highest probability of being granted continued US residence.
Cancellation of Removal
Green card holders (lawful permanent residents) and non-permanent immigrants may be eligible for cancellation of removal. This is an appropriate defense against deportation to individuals if the following criteria are met:
- persons have not been convicted of an aggravated felony
- persons have been lawful residents of the US for at least five years
- persons have resided in the US continuously for seven years after admittance to the US under any status
However, if individuals don’t meet the above conditions, they may be eligible for additional forms of relief, including:
- DACA
- adjustment of status
- The Violence Against Women Act (VAWA)
- waivers of removability or inadmissibility
- U-Visa or T-Visa
- asylum
- CAT protections
- withholding of removal
Notably, waivers of removal eligibility depend upon the individuals’ ability to establish extreme hardship to their close family members (defined as spouse, children, or parents who are US citizens or legal permanent residents) if they were to be removed from the country. Procedurally, it is possible the government may have made an error. For example, deportation proceedings may be terminated if an individual wasn’t properly served with the Notice to Appear. Furthermore, immigration government prosecutors have the discretion to dismiss deportation cases. These dismissals are more likely in removal proceedings unrelated to a criminal conviction.
If an immigration judge denies your application for suspension of deportation, you have only 30 days to appeal the decision to the Board of Immigration Appeals. Should the Board of Immigration Appeals deny your appeal as well, you may be able to challenge the decision in a US Federal Court of Appeals.
Seek Representation Immediately
Once you have been served, the clock starts ticking. If you have facing removal proceedings, don’t face the daunting process alone. While it is true individuals who entered the country unlawfully are at risk of deportation at all times, there are ways to keep them in the country. Our Texas immigration attorney can devise a plan to fight deportation and/or begin the application for legal permanent residency. Give us a call for a free consultation, and we’ll start reviewing your case today. We’re here to help.
Our clients receive individualized attention from an attorney, not an assistant or paralegal. Although we handle a wide range of legal issues, our attorneys are limited to practicing a few practice areas to give you the specialized care you need. We are compassionate attorneys that will listen closely to ensure your voice is heard and to implement potential strategies that most other attorney will miss. Call us for a free consult with our immigration attorney to see why we vastly differ than most law firms.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an Immigration Attorney Austin TX to protect and defend your rights. Call us for Immigration consult and be surprised at the quality you receive compared to what other Austin law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our criminal lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
