The Virginia immigration lawyers at Henson Pachuta & Kammerman, PLLC are experienced in defending clients against deportation. Anyone who is not a United States citizen can be placed in removal proceedings and ultimately deported. Even lawful permanent residents, commonly known as green card holders, can be deported under certain circumstances.
Removal for Non Immigrant Visa Holders
Those in the United States on a non immigrant visa, such as a visitor, work, or student visa, can be deported for violating the terms of the visa. Violations range from working when not permitted to do so, overstaying the length of the visa, and picking up criminal charges or convictions. Persons who are admitted in the United States and face the threat of deportation have the right to appear before an immigration judge to defend against the deportation.
Deportation for Green Card Holders
Green card holders can be placed in removal proceedings for convictions of certain crimes or due to the discovery of fraud in their adjustment of status process. In general, the crimes which will result in removal proceedings for permanent residents are 'crimes involving moral turpitude' and drug related crimes. It is vitally important for a green card holder to evaluate the immigration consequences of a criminal charge at the outset of their case. Once a criminal conviction in finalized, there is often nothing that can be done to reverse the damage to one's immigration status.
Defense Against Deportation
Defense against deportation comes in many forms. Affirmative defenses come in the form of adjustment of status, and defensive application can come in the form of political asylum, a 212(h) waiver, or cancellation of removal. It is critical to be represented by a professional and experienced immigration attorney in removal proceedings. Immigration law and procedure is fraught with pitfalls and obstacles that can have adverse affects on your future in the United States. While deportation has been relaxed for certain individuals, such as parents of minor children, this does not include anyone convicted of a criminal offense.
People held in immigration detention in Virginia may be able to file an immigration bond motion in the Arlington Immigration Court. It is important to find an experienced immigration bond motion attorney to file this motion as soon as possible. Bond motions should be filed quickly so that they can be heard before the case progresses. If you have a loved one in immigration detention at ICA Farmville detention center or another Virginia immigration detention center, call us today to find out if they may be eligible for bond.
Certain lawful permanent residents (LPR's) may be detained upon arrival at a place of entry to the United States, often at the airport. If the LPR has been convicted of any crimes, he may be in danger of detention and initiation of deportation proceedings. If you are an LPR who was placed into "deferred inspection" at the airport, it is crucial that you consult with an experienced immigration attorney immediately. If Customs and Border Patrol held your green card and passport, requested certified dispositions of criminal cases, and gave you an appointment to return to the airport, you are in danger of being detained. Detained arriving aliens are not eligible for an immigration bond. Therefore, it is imperative that you hire an experienced immigration attorney before returning for your appointment at the airport.
Non-immigrants who have lived in the United States for more than 10 years and are placed in deportation proceedings may be eligible to receive a green card through Cancellation of Removal. This relief requires a showing of exceptional hardship to a qualifying family member and good moral character. These complex cases require an experienced immigration litigator to prepare and present evidence to the immigration judge.
Affirmative asylum applications are handled by USCIS through the local asylum office. However, a respondent may also request asylum in the immigration court as relief from deportation. If you are in deportation proceedings and are afraid to return to your country, it is important to consult with an experienced immigration attorney to determine what applications and evidence must be filed.