Deportation & Removal Defense

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Deportation & Removal Defense Legal Services

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 & 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 into 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 green card holders to evaluate the immigration consequences of a criminal charge at the outset of their case. Once a criminal conviction is finalized, there is often nothing that can be done to reverse the damage to one's immigration status.

Deportation Defense Attorney

Deportation poses a serious problem for immigrants who have not yet received citizenship or are residing in the United States under non-immigrant visas. Deportation proceedings are often long and strenuous endeavors that can impede your life in America.

The law firm of Henson, Pachuta & Kammerman understands the frustration that comes with immigration laws and deportation hearings. Our lawyers are here to help you navigate the system and represent you as your deportation defense lawyers in Virginia.

 

What Is a Defense to Deportation?

As deportation defense lawyers, we work hard to build a case and represent you in court when you receive a notice of hearing. A notice of hearing requires presence in court to determine deportation and immigration status.

As a defense attorney, your lawyer will review your case with you and analyze the charges against you. Being present at your initial court hearings is critical when fighting deportation, and we are here to represent you.

U.S. immigration laws are complex and subject to change based on a variety of factors. Working with a deportation defense attorney will help simplify the hearing process and provide peace of mind.

 

Reasons for Deportation Proceedings

Any immigrant who has yet to become a U.S. citizen is at risk of deportation when they violate the terms of their visa. The most common reason for deportation is committing a criminal offense, including:

  • gun crimes
  • drug crimes
  • domestic violence
  • felonies

Immigrants without citizenship may also face deportation if involved in any of the following situations.

  • fraud
  • crossing the border illegally
  • smuggling
  • working without permit
  • extended residency stay without allowance

Students, workers, and visitors are all expected to follow the terms of their visa while residing in the United States. Should non-immigrant visa holders violate these terms, they will receive a notice of hearing for a deportation proceeding.

 

Can You Fight or Overturn a Deportation Order?

Anyone facing deportation has a right to defend themselves in court. Working with a defense attorney will help build your case and represent you when fighting a deportation order. Upon an initial meeting, we will review the details of your case and analyze the charges against you to determine your options.

Our lawyers use strategic planning and years of experience to build a solid case. Deportation proceedings can take years, so you need a team of lawyers who will dedicate their time to pursuing your case.

Filling out and submitting the proper paperwork on time is critical when fighting a deportation order. We can help you fill out all paperwork properly during the deportation proceedings.

 

How Can You Avoid Deportation?

Avoiding deportation can be a complicated endeavor. Understanding various strategies and seeking legal help is critical when seeking to avoid deportation.

 

1.   Apply For Asylum

Asylum is for people who are at risk of persecution in their country of origin and who are residing in the U.S. for protection. Applying for asylum is a time-consuming process that highly benefits from the guidance of a deportation defense attorney.

An asylum attorney will walk you through the application process and ensure that all of the necessary paperwork is submitted when required. The U.S. has a strict number of refugees accepted into the country. Working with a deportation defense lawyer will strengthen your case and help the process move along more smoothly.

 

2. Cancellation of Removal Process

The Cancellation of Removal is a process that helps to keep you in the country when facing deportation. Hiring a defense attorney to assist you through this process can help to keep you in the country during the proceedings.

 

3. Find a Trustworthy Deportation Lawyer

Hiring a defense attorney when facing deportation helps put the law on your side. Working with someone who knows the law and understands immigration laws will help you better understand your unique case.

Deportation hearings are stressful enough. Letting an attorney represent you will give you peace of mind knowing that you are in the hands of an experienced professional.

 

Can Marriage Stop Deportation?

The simple answer is no – marrying a U.S. citizen will not halt deportation proceedings. However, it may strengthen your case.

The length and authenticity of your marriage will be factors in your case. If you receive a deportation hearing notice after years of marriage, your case will look significantly different than if you married someone during the proceedings.

When facing deportation, it is essential to remember that you still have rights and that finding help is critical. Each deportation defense attorney at Henson, Pachuta & Kammerman understands the unique challenges non-citizens experience when facing deportation. We are here to provide legal guidance to the residents of Fairfax, VA with a friendly face you can trust. Give us a call at 703-822-4701 to discuss your options.

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Defense Against Deportation

Defense against deportation comes in many forms. Affirmative defenses come in the form of adjustment of status, and defensive applications 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 effects 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.

Bond Motions

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.

Non LPR Cancellation

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.

Arriving Aliens

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 crime, he or she 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 holds 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.

Asylum

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.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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Fairfax, Virginia 22030
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