Germantown, Maryland Deportation Defense Lawyer

Lawyer Helping Immigrants Defend Against Removal in Germantown

Concerns about deportation can be very real for immigrants who are living in the United States. When an immigrant is detained unexpectedly by U.S. Immigration and Customs Enforcement (ICE) or receives a formal Notice to Appear in immigration court, a person and their family may not know what to do next.

The threat of being removed from the country can be devastating. Families may be separated, a person's career may be disrupted, and the years a family has spent building a future in the United States may suddenly seem to be in jeopardy. For anyone in Germantown, Maryland who has become involved in deportation proceedings, it is essential to work with an immigration attorney who understands how to defend against removal.

At Immigration Legal Advisors, PLLC, we provide legal help and representation in deportation cases, advocating for the rights of our clients and helping them determine what opportunities for relief may be available. With our deep knowledge of immigration law and our experience handling removal cases, we can determine the best path forward. Our lawyers may be able to stop removal proceedings, help an immigrant secure a lawful status, or fight for a favorable outcome in court. With our compassionate representation, we provide the support our clients need during these challenging and frightening situations.

Why ICE May Detain Someone or Issue a Notice to Appear

Deportation proceedings usually begin with one of two events: either a person is detained by ICE or receives a Notice to Appear (NTA) in immigration court. There are a variety of reasons why this may occur:

• Unlawful Entry or Visa Overstay: A person may be accused of entering the United States without legal authorization or remaining in the country after a temporary visa has expired.
• Criminal Convictions: Certain criminal offenses, such as drug offenses, theft, domestic violence, or crimes considered to involve moral turpitude, can lead to deportation even if someone has a Green Card.
• Fraud or Misrepresentation: Allegations that a person provided false information on immigration applications or lied to immigration authorities may trigger removal proceedings.
• Immigration Violations: Failing to comply with conditions of immigration status, such as not updating an address with U.S. Citizenship and Immigration Services (USCIS) or not attending required appointments, may lead to ICE detainment.
• Prior Removal Orders: Someone who reenters the U.S. after being deported or who has an outstanding removal order may be detained without warning.

In many cases, ICE may arrest someone during a workplace raid, traffic stop, or following a criminal arrest. Others may receive an NTA that initiates formal proceedings in immigration court rather than being taken into custody by ICE.

What Happens During the Deportation Process

Once deportation proceedings begin, the process typically unfolds in several stages:

• Notice to Appear: This document outlines the government's allegations and the legal grounds for removal. It is served on the person and filed with the immigration court.
• Master Calendar Hearing: At this initial court appearance, the immigration judge will explain the charges, and the person may respond by admitting or denying the allegations. The judge will also confirm whether the person intends to seek relief from removal.
• Bond Hearing: If someone is being held by ICE, they may request a bond hearing to seek release while their case is ongoing. The judge will consider factors such as flight risk and danger to the community.
• Merits Hearing: In this hearing, evidence and arguments will be presented. The judge will hear testimony, review documents, and make a decision about whether the person should be removed from the country or granted relief.
• Appeal: If removal is ordered, it may be possible to appeal the decision to the Board of Immigration Appeals (BIA) and, in some cases, in federal court.

Specific laws are followed during this process, including the Immigration and Nationality Act (INA). Working with an attorney who has a strong knowledge of these laws and experience defending against deportation can help ensure that a person will be able to put forth the best defense. Some cases may take months or even years to resolve, especially if appeals are filed.

Defense Strategies Against Deportation

There are several possible defenses and forms of relief that our attorneys can help immigrants pursue during deportation cases, including:

• Cancellation of Removal: Green Card holders and certain undocumented immigrants may qualify for this form of relief if they have been living in the United States for many years and have good moral character. They may receive protection against deportation if they can demonstrate that qualifying family members would suffer hardship due to their removal.
• Asylum: People who are likely to suffer persecution based on factors like race, religion, or political opinions may apply for asylum, a status that will allow them to remain in the U.S. and live in safety.
• Adjustment of Status: In some cases, a person may be eligible to become a lawful permanent resident through sponsorship from a family member or employer, which may provide protection against deportation.
• Deferred Action or Prosecutorial Discretion: Our attorneys may request that ICE or the immigration court exercise discretion and close or delay a case for humanitarian reasons.
• U Visas or VAWA Protections: Victims of certain crimes may be eligible for visas that will allow them to remain in the United States, as long as they cooperate with law enforcement officials. People who have been the victims of domestic violence may qualify for protections against deportation. Both of these options will eventually allow a person to apply for permanent residence.

Contact Our Germantown, MD Deportation Defense Lawyers

It is important to act quickly to address a deportation order and defend against removal from the U.S. At Immigration Legal Advisors, PLLC, we work to ensure that our clients will be able to continue living in the United States. Contact our Germantown removal defense attorneys at 571-441-2233 to schedule a consultation.