San Diego Deportation Removal Lawyer – Deportation Attorney in San Diego
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.
Deportation
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 canceled 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 a 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 or 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.
Cancellation of Removal
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 the outset of the removal hearing respondent may receive up to 120 days to voluntarily depart if the 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.