San Diego Deportation Removal Lawyer

Deportation and Removal

Being placed in
deportation or removal proceedings is an extremely stressful
and worrisome experience, not just for the immigrant but also
for his/her family.

It is
critical to have an experienced attorney evaluate the case
against you and determine whether you have a successful challenge
to the proceedings. In some instances, it may be possible
to challenge the basis for starting the removal proceedings.
In other instances, even when the government has a legitimate
case against you, it may be possible to cancel removal proceedings.
In other instances, voluntary departure is the best option;
however, that decision must be made intelligently after reviewing
all options.

A foreign national who is placed in deportation or removal
proceedings must be well prepared and knowledgeable about
the consequences of deportation or removal in order to preserve
his or her ability to potentially return to the U.S. lawfully
in the future.

Our firm has successfully
cancelled removal proceedings for our clients. Prior to your
court date(s), we will go over what you can expect to occur.
We will review your situation and give you an honest, direct
assessment of your chances of challenging the commencement
of the proceedings, and your chances of cancelling the removal.
We can establish a set of long-term goals for your case and
work tirelessly toward meeting those goals.

Many foreign
nationals facing deportation or removal proceedings may not
realize that they have certain forms of relief available to
them. Some forms of relief that we have been successful in
obtaining for our clients include Cancellation of Removal.

Cancellation of Removal

Cancellation of Removal is a discretionary benefit adjusting
an alien’s status from that of deportable alien to one
lawfully admitted for permanent residence. Application for
cancellation of removal is made during the course of a hearing
before an immigration judge.

Two forms of cancellation
of removal exist. The first benefits lawful permanent residents
(LPRs) if the lawful permanent resident: has been an LPR for
5 years, has resided in the U.S. continuously for 7 years
after having been admitted in any status, and has not been
convicted of any aggravated felonies.

The second
form of cancellation benefits Non-lawful permanent residents
(Non-LPRs) if the Non-LPR has been physically present in the
U.S. for a continuous period of not less than 10 years immediately
preceding the date of such application for cancellation of
removal, has been a person of good moral character for 10
years, and has not been convicted of an offense under INA
§§ 212(a), 237(a)(2) or 237(a)(3), and establishes
that removal would result in exception and extremely unusual
hardship to his or her USC or LPR spouse, parent or child.

Voluntary departure is the departure of an alien from the
United States without an order of removal. The departure may
or may not have been preceded by a hearing before an immigration
judge. An alien allowed to voluntarily depart concedes removability
but does not have a bar to seeking admission at a port-of-entry
at any time. Failure to depart within the time granted results
in a fine and a ten-year bar to several forms of relief from
deportation.

At outset of the
removal hearing respondent may receive up to 120 days to voluntarily
depart if respondent requests voluntary departure prior to
or at the master calendar hearing, does not request any other
form of relief, concedes removability, waives appeal, and
has not been convicted of an aggravated felony, and is not
deportable under security and related provisions of INA §
237(a)(4).

At the
conclusion of the removal hearing respondent may receive up
to only 60 days to voluntarily depart if respondent has been
physically present for at least one year prior to service
of the NTA, has been a person of good moral character for
at least the 5 years preceding the application for voluntary
departure, is not deportable as an aggravated felon or terrorist,
has not been previously granted voluntary departure, and establishes
by clear and convincing evidence that they have the ability
to leave at his or her own expense and that they intend to
do so.
If you are placed in deportation or removal proceedings, contact
our experienced immigration attorneys for a free consultation.
We will help you identify any sort of relief available to
you and work with you to obtain the best possible outcome
for your case.

Deportation Lawyers at the Law Offices of Hasbini Office Locations:

• Deportation Lawyer in San Diego
• Deportation Lawyer in Chula Vista
• Deportation Lawyer in El Cajon
• Deportation Lawyer in Los Angeles
• Deportation Lawyer in Glendale
• Deportation Lawyer in Sherman Oaks
• Deportation Lawyer in Inland Empire
• Deportation Lawyer in San Bernardino
• Deportation Lawyer in Riverside
• Deportation Lawyer in Pomona
• Deportation Lawyer in Hesperia
• Deportation Lawyer in Orange County
• Deportation Lawyer in Anaheim