Deportation Defense

We Get You Out Of Detention And Through Immigration Court

DEPORTATION/REMOVAL

The legal word for deportation is “removal,” based on the action being taken, which is removing a person from the United States. For immigrants living in the United States, there are few things more frightening than the prospect of deportation - especially when returning to your home country endangers your life. When you’re in this position, it’s important to work with an experienced San Diego immigration attorney that will leave no stone unturned to find a legal way to help you stay in the United States.

If you believe you may be in danger of deportation or you’ve been served with a notice of removal, call Rick Sterger, The Immigration Guy, at (760) 280-7900 for a free consultation to discuss defending you against removal from the United States.

Grounds For Deportation/Removal

An action for deportation is usually prompted by the following grounds:

  • Unlawful entry into the United States
  • Criminal convictions
  • Overstaying a non-immigrant visa and
  • Fraud

The grounds for the removal action determine what rights you have to defend against deportation. If you’ve entered the country illegally, you have few rights and could be removed without a hearing very quickly. Lawful permanent residents, known as “green card” holders have a right to a hearing before they can be deported, as well as the right to appeal a decision against them. “Green card” holders can be deported for fraud in obtaining their permanent resident status such as a fraudulent marriage or forging documents. If you’re concerned about deportation, it’s important to speak to an experienced San Diego immigration attorney that can help use legal strategies that may allow you to remain in the country.

Call Rick Sterger, The Immigration Guy, at (760) 280-7900 to schedule a free confidential consultation.

Defending Against Deportation For Permanent Residents

Permanent residents can avoid deportation by refuting the allegations against them. The most common reason for a removal proceeding for a permanent resident is commission of certain crimes such as “two or more crimes that show moral turpitude”. The deportation can be avoided if it can be shown that the person was not actually convicted of the crime and/or that the crime did not meet the statutory requirements for “moral turpitude.” Another common reason for deporting a permanent resident is the allegation that their marriage to a citizen is fraudulent. In such cases, proving that the marriage was bona fide can prevent the removal from going forward. Being threatened with loss of permanent residence status can be stressful as deportation could mean losing your family and everything they’ve worked hard to build. That’s why it’s important to hire a San Diego immigration attorney that will go the extra mile to help you remain in the United States.

Defending Against Deportation After Entering Illegally

There are many ways to avoid being removed from the United States, even if you don’t have legal status. These are some of the ways to request relief from removal and avoid deportation:

  • Asylum and Refugee Status can be granted to individuals that can prove that they had fled or fear persecution in their home country
  • Withholding of Removal Status requires a showing that its “more like than not” that you would be persecuted in your home country if you were sent back
  • Convention Against Torture (CAT) Protection is available to people that can show that it’s “more likely than not” that they will be tortured if they removed to their home country
  • Cancellation of Removal based on ten years physical presence in the United States
  • Cancellation based on the Violence Against Women Act (VAWA) with a proof of “extreme cruelty” by a qualifying relative, and other requirements
  • Family Based Status Adjustment is usually reserved for immigrants that have entered the country legally, but there are some exceptions
  • Voluntary Departure is a last resort which would require you to leave the country, but without tarnishing your ability to apply later
  • Deferred Action is when the government agrees to put your case on hold

San Diego Immigration Attorney

According to the Pew Research Center, the number of arrests made by ICE reached a twelve year high during the Trump Administration, but things have changed. The Biden White House is taking a much more reasonable approach to immigration policy, but that doesn’t mean you can’t be deported. The only complete bar to removal is citizenship. 

If you’ve been notified of removal proceedings or you’d just like to find out more about how to avoid deportation, call Rick Sterger, The Immigration Guy, at (760) 280-7900 for a free confidential consultation.