Olney Deportation Defense Lawyer
Attorney Representing Immigrants in Removal Proceedings in Olney, MD
A potential deportation may be one of the most serious issues an immigrant may encounter. Many immigrants come to the United States seeking safety, stability, and the promise of a better life. When the U.S. government initiates removal proceedings, the threat of being forced to leave the country can place a great deal of emotional and financial pressure on a person and their family. In these situations, immigrants need a strong legal advocate who understands the complexities of immigration law and the options that may be available to help them remain in the country legally.
At Immigration Legal Advisors, PLLC, our experienced Olney deportation defense lawyer can provide representation at every stage of the removal process. Whether a case involves issues such as unlawful entry, visa violations, criminal convictions, or asylum claims, we can advocate for the rights and interests of immigrants and their families. We will work with clients to identify potential defenses, prepare compelling evidence, and present their cases clearly and persuasively in immigration court.
Potential Reasons for Deportation
Immigrants may face deportation from the United States for a wide range of reasons. Some cases may be based on immigration law violations, while others may involve criminal charges or national security concerns. Some common grounds for removal include:
- Visa Overstay: A person who remains in the U.S. beyond the authorized period of their visa may be placed in removal proceedings.
- Unauthorized Entry: Entering the country without inspection or proper documentation is grounds for deportation under the Immigration and Nationality Act (INA).
- Criminal Offenses: Certain criminal convictions, including aggravated felonies, drug offenses, or crimes involving moral turpitude, can trigger removal proceedings.
- Fraud or Misrepresentation: Providing false information on immigration forms, marriage fraud, or using fraudulent documents can result in removal.
Each removal case is unique. Our attorney will evaluate all aspects of a person's immigration history and their current circumstances to determine what defenses may be available.
Overview of the Deportation Process
The deportation or removal process in the United States typically begins with the issuance of a Notice to Appear (NTA), which is a formal document served to a person by the Department of Homeland Security (DHS). The NTA will list the alleged immigration violations and instruct the immigrant to appear before an immigration judge on a specific date.
In some cases, a person may be detained by Immigration and Customs Enforcement (ICE) or other immigration authorities. Detention is not automatic in every case, but those who are detained may be held at a detention facility until their initial hearing. In some circumstances, a release on bond or parole may be possible. Our lawyer can assist with bond hearings and request the release of an immigrant during their case.
Immigration court proceedings are civil, not criminal in nature, and they are overseen by the Executive Office for Immigration Review (EOIR), a division of the U.S. Department of Justice. Hearings take place before an immigration judge, who will determine whether the person is removable under the law and whether any relief from removal applies. An immigrant has the right to be represented by legal counsel, and they will have the opportunity to present evidence and testimony showing why they should not be deported.
Possible Defenses Against Deportation
There are several legal defenses and forms of relief that may be available to an immigrant who is facing deportation. Our lawyer can provide guidance on the potential strategies, which may include:
- Cancellation of Removal: This form of relief is available to certain immigrants who meet specific criteria, such as continuous physical presence in the U.S. and good moral character. Cancellation of removal may be granted if a deportation would cause hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
- Asylum: If someone fears persecution or torture in their home country based on religion, race, political opinions, or other protected factors, they may apply for protection that will allow them to remain in the U.S.
- Adjustment of Status: If the person is eligible to become a lawful permanent resident through a family or employment-based petition, they may be able to adjust their status while in removal proceedings.
- Waivers of Inadmissibility: Certain immigration violations or grounds for inadmissibility may be waived under specific provisions of the INA. In these cases, an immigrant may need to demonstrate that their deportation would cause hardship for a family member in the United States.
- Prosecutorial Discretion: In some cases, ICE or an immigration judge may agree to close or terminate a deportation case based on humanitarian grounds or other reasons.
- U Visa or VAWA Eligibility: Victims of serious crimes or domestic violence may qualify for immigration relief that will protect against removal.
Our lawyer will analyze every potential defense and prepare detailed documentation and legal arguments in support of an immigrant's right to remain in the country. In some situations, we may be able to file an appeal with the Board of Immigration Appeals (BIA) or take other steps to prevent a deportation.
Navigating the Challenges of Immigration Proceedings
Removal cases can involve significant delays, complex documentation requirements, and complex legal issues. Immigration judges have wide discretion in deciding whether to grant relief, and thorough preparation is essential to ensure that the proper arguments and evidence can be presented. Our deportation defense attorney will gather the right evidence, prepare affidavits, collect country condition reports, and present oral arguments. We will work to ensure that every potential avenue for defense against deportation will be explored.
Contact Our Olney, Maryland Deportation Defense Attorney
A person's removal from the United States can have a devastating impact on their family, career, and long-term plans. When you are involved in deportation proceedings, it is critical to act quickly and get legal help from a knowledgeable attorney. At Immigration Legal Advisors, PLLC, we will help you understand the legal options that may be available, and we will make sure you meet all requirements during your case. Contact our Olney removal defense lawyer at 571-441-2233 to arrange a consultation today.