Santa Ana Deportation Defense Lawyer

How to Avoid Deportation in U.S.

Unless you are a U.S. citizen, deportation is always a potential threat. From undocumented immigrants to nonimmigrant visa holders to lawful permanent residents, immigrants without citizenship must take great care to follow all U.S. laws and immigration policies.

At U.S. Immigration Law Group, LLP, we don’t simply help clients obtain visas and citizenship. We assist individuals and families at every stage of the immigration journey, helping them take the necessary steps to protect their status and, if applicable, avoid a removal proceeding. The consequences of deportation are severe—not the least of which is the separation from your job, home, and loved ones. Deportation will even prevent you from returning to the U.S. for years after the proceeding.

If you are in the middle of a removal proceeding or believe deportation may be on the horizon, call (714) 786-1166 immediately to speak with our Santa Ana deportation defense attorney. We can discuss your options during your initial consultation. Hablamos Español.

Your Deportation Defense Options

Prevention is the first and perhaps most effective line of defense against deportation. At U.S. Immigration Law Group, LLP, our Santa Ana deportation defense lawyers advise all our clients regarding the steps they should take to protect their status, avoid violating the terms of their status, and more. The better you understand your rights and responsibilities, the easier it will be to avoid a removal proceeding.

Reasons for Deportation

Here are just a few of the many factors that can lead to removal:

• Entering the U.S. unlawfully
• Overstaying a visa
• Providing fraudulent documents
• Entering a fraudulent marriage
• Committing certain crimes
• Helping others enter the U.S. illegally (i.e. alien smuggling)
• Engaging in activities that compromise national security

Many immigrants, however, find themselves facing deportation despite their best efforts and highest level of care in avoiding the above issues. In some cases, an immigration official initiates a removal proceeding based on incorrect information or a faulty application of immigration policies. Additionally, these policies are subject to frequent change, forcing immigrants to stay on top of complex immigration laws and the latest updates to the system.

How To Avoid Deportation

No matter the circumstances, our California deportation lawyers are here to reassure you that you do have options, and we can help you implement the most appropriate deportation defense strategy for your situation.

We may be able to help you avoid deportation through one of the following:

• Legalization and registry
• Suspension of the deportation order
• Waivers or prosecutorial discretion
• Cancellation of removal
• Humanitarian relief
• Adjustment of status through a family member or employer
• Voluntary departure

The right strategy for you will depend on a variety of factors, which our Santa Ana deportation defense lawyer will carefully scrutinize before providing recommendations and moving forward with a plan of action.

What is the USA Deportation Process?

The removal or deportation process begins when you receive a Notice to Appear from ICE. If you have received this, it is best to reach out to an experienced deportation defense lawyer in Santa Ana at U.S. Immigration Law Group, LLP.

Overview of the USA deportation process:

• Receive a Notice to Appear.
• Attend the Master Calendar Hearing. The court will ask if you need to get a deportation lawyer. If you are eligible for deportation relief, you may apply for it without one, however, if you are not actually eligible, you will be deported.
• Attend an individual hearing. You may give testimony and provide proof why you should not be deported. It is imperative to have an attorney at this part of the process to advocate for you.
• The immigration judge makes a decision. If they decide that you must be deported, you have 30 days to make an appeal to the Board of Immigration Appeals (BIA).

How Long Do Deportation Proceedings Take?

The length of deportation proceedings can vary widely depending on a number of factors, including the complexity of the case, the availability of the court, and the specific circumstances of the individual. Deportation proceedings might last anywhere from a few months to several years.

Below are more factors that may affect how long the deportation process will take:

• Availability of immigration judges
• Legal strategies and proceedings such as filing an appeal or a motion to reopen may extend the duration of deportation proceedings
• Level of cooperation between the person facing deportation and immigration authorities
• Changes in immigration policies
• Negotiations and settlements may lead to a solution outside of a full deportation hearing

How to File a Motion to Terminate Removal Proceedings

As a removal defense strategy, a deportation defense attorney may file a motion to stop removal proceedings. This motion can be filed immediately after receiving a Notice to Appear (NTA) or later on during the case. By filing, the attorney shows reasons why the case presented by the Department of Homeland Security (DHS) is flawed. The motion may point out inaccuracies in the facts presented by DHS, incorrect interpretations of immigration law, or arguments suggesting that the claims made by DHS do not even justify deportation.

Arguments regarding particular immigration benefits can also be presented in the motion to terminate. For example, the motion could detail the noncitizen's eligibility for programs like DACA (Deferred Action for Childhood Arrivals) or a U-visa, or it could convey the intention to apply for a green card through an adjustment of status.

The Biden administration's updated regulations urge DHS attorneys to focus on high-priority cases and lowering the backlog of outstanding immigration cases. There is an increased chance that non-priority cases could be dismissed. In some cases, DHS attorneys and private attorneys may even work together to file joint requests to terminate removal proceedings, particularly when an immigrant is also applying for an immigration benefit.

Seeking a solid deportation defense strategy? For personalized guidance and effective legal representation in fighting deportation, do not hesitate to speak to an experienced deportation defense attorney at U.S. Immigration Law Group, LLP. With our team-based approach, you benefit from the help of not just one attorney, but an entire team backed by years of experience. Our firm provides dedicated support and personalized attention to help you against deportation. We have successfully served clients worldwide for more than 30 years. Reach out to us today to make an appointment with a removal defense attorney and get the experienced counsel you need for your deportation case. Se habla Español.