Deportation Defense
Deportation Defense
Deportation defense refers to the set of legal actions and strategies an immigration attorney uses to help individuals facing removal (deportation) from the United States. Deportation can occur for a variety of reasons, including overstaying a visa, breaking U.S. immigration laws, being convicted of a crime, or failing to comply with visa regulations. While being served with a Notice to Appear (NTA) before an immigration court is daunting, a skilled immigration attorney can help defend your right to stay in the country.
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What You Need To Know About Deportation Defense
What is Deportation Defense?
Deportation defense refers to the set of legal actions and strategies an immigration attorney uses to help individuals facing removal (deportation) from the United States. Deportation can occur for a variety of reasons, including overstaying a visa, breaking U.S. immigration laws, being convicted of a crime, or failing to comply with visa regulations. While being served with a Notice to Appear (NTA) before an immigration court is daunting, a skilled immigration attorney can help defend your right to stay in the country.
Deportation defense is essential because individuals facing deportation may have lawful reasons to remain in the United States, such as family connections, longstanding ties, or risks to their safety if returned to their home country. Deportation defense involves challenging the legal grounds for removal and exploring options such as cancellation of removal, asylum, adjustment of status, and other forms of relief.
Categories of Deportation Cases
Deportation cases vary based on the reasons for removal. There are several categories of deportation, and each comes with its own legal framework, challenges, and potential relief options.
Family-Based Deportation Cases: Family-based immigration cases can turn into deportation cases if a petitioner’s eligibility is questioned or if they are accused of fraud. For example, an individual who married a U.S. citizen may be deported if the government finds that the marriage was not legitimate and was only used to secure immigration benefits.
Criminal Deportation Cases: Individuals who are convicted of certain crimes—such as drug offenses, violent crimes, or immigration-related fraud—may face deportation. U.S. law classifies various offenses as deportable crimes, which can lead to removal proceedings. In these cases, the goal of deportation defense is often to prove that the crime was not as serious as the government claims or that the individual deserves relief based on their personal circumstances.
Employment-Based Deportation Cases: If an individual’s work visa has expired, or they are found to be working without proper authorization, they may face deportation. This category includes people who entered the U.S. for employment-based reasons but whose status has changed due to noncompliance with regulations.
Humanitarian Deportation Cases: Deportation may also affect individuals who are seeking refuge in the United States, such as asylum seekers or individuals with Temporary Protected Status (TPS). If their application for asylum or refugee status is denied or if their TPS status is revoked, they may face deportation.
The Process of Deportation Defense
Deportation defense is a complex and multi-step process. From the moment you are notified about potential deportation, every action you take can impact the outcome. Here’s a breakdown of the general process:
Notice to Appear (NTA): The first step in deportation proceedings is receiving a Notice to Appear, which outlines the government’s reasons for your removal. This notice will be issued by the Department of Homeland Security (DHS) and will specify the date and location of the first hearing before an immigration judge.
Master Calendar Hearing: The master calendar hearing is the first official court date. During this brief hearing, the judge will confirm your identity, the reasons for your deportation, and allow you to plead to the charges. This hearing is more of a procedural event where you might request a continuance or prepare to present your defense.
Individual Hearing: After the master calendar hearing, an individual hearing will be scheduled. This hearing is where you present evidence, witness testimony, and legal arguments to defend yourself against deportation. Your attorney will work with you to build a strong case based on your specific circumstances, such as family ties, contributions to society, or the risk of harm if returned to your home country.
Appeals: If the immigration judge rules against you, an appeal can be filed with the Board of Immigration Appeals (BIA). If that decision is unfavorable, further appeals may be possible, including petitions to federal courts. Appeals are time-sensitive and require careful legal attention.
Documentation Needs
When preparing a deportation defense case, a range of documents must be submitted to prove your eligibility for relief or to challenge the government's case. Key documentation includes:
Identification Documents: Passports, visas, green cards, and birth certificates.
Immigration History: Proof of prior immigration status, including entry and exit records, I-94 forms, visa applications, and prior petitions.
Criminal Records: If criminal charges are involved, you may need to present court records, police reports, and evidence of rehabilitation.
Family Documentation: Proof of family ties, such as marriage certificates, birth certificates of children, or evidence of a U.S. citizen spouse.
Hardship Evidence: Supporting documents to show the hardship that deportation would cause, such as medical records, financial dependency, or affidavits from family members.
Challenges in Deportation Defense
Deportation defense presents unique challenges, such as:
Complex Immigration Laws: Immigration laws are constantly changing, and a case that seemed straightforward may involve new legal hurdles.
Burden of Proof: The burden of proof lies with the individual to show why they should not be deported, requiring a strong, evidence-backed defense.
Time Sensitivity: Immigration courts often have strict timelines for filing documents, appeals, or motions to reopen cases.
Language Barriers: Many individuals facing deportation may not speak English fluently, which can complicate communication and understanding of the legal process.
Contact an Immigration Lawyer
At Gorostiaga Law Firm, we provide comprehensive deportation defense services. We:
Assess your situation, including reviewing your immigration history, criminal background, and any family connections.
Help gather and submit all required documentation to support your defense.
Represent you during all hearings, advocating for the best possible outcome.
Work with you through the appeal process if necessary, ensuring you meet all deadlines and legal requirements.
Recognized for Excellence in Immigration Law
Virginia Gorostiaga has been recognized for her dedication and excellence in immigration law, earning a place among the Top 10 Immigration Law Trial Lawyers and as a proud member of the American Immigration Lawyers Association (AILA).
Proud Member of the American Immigration Lawyers Association (AILA)
Recognized as a Top 10 Immigration Law Trial Lawyer by The National Trial Lawyers
Solutions Built Around Your Needs
From complex immigration cases to personal guidance, Gorostiaga Law Firm is your trusted partner in creating a secure future.
Testimonials
"My husband and I had a great experience with Virginia and her team. Members of the team are fluent in spanish- As a spanish speaking person I really appreciate how easy that made it to understand and follow the process even better. Anytime we had a question or concern they were very easy to reach and always made us feel very comfortable. 100% would recommend to work with them, you won’t regret it!"
- Maria Jose Meneses Meza
"I would recommend all my friends and family to Gorostiaga Law. Virginia is effortless at what she does and genuine lawyer who does things the right way from day one. Thank you for all your time you put on my case Virginia. Take care and hopefully I come back to seek for your legal advise soon."
- Rahin Ahmed
"Ms Gorostiaga is a conscientious dedicated judicious attorney. Ms Virginia Gorostiaga treats each of her clients with a level of respect and compassion that makes you feel valued and understood and lets you know that you will be treated with the utmost professionalism and dedication. I hope one day that Ms Gorostiaga will be more than my attorney, she will be a trusted faithful lifelong friend! I am trusting her with my life and my legacy"
- Edel Quinn
Frequently Asked Questions
What services does Gorostiaga Law provide?
Gorostiaga Law specializes in immigration law, offering services such as family immigration, business immigration, naturalization, and civil litigation. Our dedicated team provides personalized support to navigate the complexities of the immigration process. We strive to ensure our clients achieve their legal goals efficiently and effectively.
How can I schedule a consultation?
You can schedule a consultation by visiting our website and filling out the contact form. Alternatively, you can call our office directly to speak with a member of our team. We are here to assist you in setting up a convenient appointment.
What should I bring to my consultation?
During your consultation, please bring relevant documents such as your passport, visa, and any immigration paperwork you have. This information will help us better understand your case and provide tailored advice. If applicable, bring any additional documentation related to your family or business immigration needs.
How long does the immigration process take?
The duration of the immigration process varies based on the specific type of application and the current workload of immigration authorities. Our team will provide you with an estimated timeline during your consultation, considering your unique circumstances. We aim to keep you informed and updated throughout the entire process.
Do you offer services in multiple languages?
Yes, our team at Gorostiaga Law is multilingual and can assist clients in English, Spanish, Portuguese, Hindi, and Gujarati. We believe that clear communication is crucial for a successful legal experience. Our goal is to ensure that all clients feel comfortable and fully understand the legal process.
