Virginia Deportation Defense Lawyer

Ready to Help You Today

At The Barrera Law Firm, PLLC, we understand the gravity of deportation proceedings and the impact they have on individuals and families. Our dedicated team of Virginia deportation defense lawyers offers comprehensive legal services, including:

• Case Evaluation: Thorough assessment of your situation to determine the best defense strategy.
• Legal Representation: Skilled advocacy in immigration court hearings, presenting strong arguments for relief from deportation.
• Appeals and Post-Conviction Relief: Pursuing appeals and motions to reopen cases for clients facing removal orders.
• Asylum and Humanitarian Relief: Assisting eligible individuals with asylum claims, withholding of removal, and other forms of humanitarian relief.

Contact us today at (571) 290-2390 to learn how we can help you stay in the United States.

What is Deportation?

Deportation, also known as removal, refers to the legal process by which a non-citizen may be forced to leave the United States. This can occur due to various reasons, often related to violations of immigration laws or other factors deemed undesirable by immigration authorities.

Deportation from the United States can be initiated for several reasons, including:

• Criminal Convictions: Certain criminal offenses, including drug crimes, aggravated felonies, and crimes involving moral turpitude, can lead to deportation.
• Violations of Immigration Laws: This includes entering the country illegally, overstaying a visa, or violating the terms of a visa.
• Security Reasons: National security concerns or associations with terrorist activities can result in deportation.
• Public Charge: Becoming a public charge, meaning relying on government assistance for financial support, can lead to deportation.
• Visa Fraud: Providing false information or documents to obtain a visa or immigration benefit can lead to deportation proceedings.

The Removal Proceedings

When facing deportation, individuals are entitled to a fair hearing through removal proceedings. These proceedings are conducted in immigration court and involve several steps:

• Notice to Appear (NTA): The initial step where the Department of Homeland Security (DHS) formally initiates removal proceedings by issuing an NTA, detailing the reasons for deportation.
• Master Calendar Hearing: An initial hearing where the immigration judge reviews the case, sets timelines, and allows the individual to plead their case or request relief from deportation.
• Individual Merits Hearing: If the case proceeds, this hearing allows for a deeper examination of the individual's eligibility for relief from deportation, such as asylum, cancellation of removal, or adjustment of status.
• Appeals: If the immigration judge issues an unfavorable decision, there may be options to appeal the decision to the Board of Immigration Appeals (BIA) or higher courts.

How to Avoid Deportation

Adjustment of status allows eligible non-citizens who are already in the United States to apply for lawful permanent resident status (green card) without leaving the country. This option is typically available to those who:

• Are immediate relatives of U.S. citizens (spouses, children, parents, or siblings of adult U.S. citizens).
• Qualify through employment (e.g., employment-based immigration).
• Qualify through special immigrant categories, such as refugees or asylees.

Successfully adjusting status can provide a pathway to lawful permanent residency and potentially avoid deportation proceedings.

Other ways you can avoid deportation include:

• Asylum or Refugee Status: Individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group may be eligible to seek asylum in the United States. Asylum allows individuals to remain in the U.S. and avoid deportation while their asylum application is processed. Similarly, refugee status applies to individuals who are outside the United States and seeking admission due to similar fears of persecution.
• Cancellation of Removal: Cancellation of removal is a form of relief available during deportation proceedings. It allows certain non-permanent residents to apply to remain in the United States if they meet specific criteria, including:
  • Continuous physical presence in the U.S. for a specified period (usually 10 years).
  • Good moral character during that time.
  • Proof that removal would result in exceptional and extremely unusual hardship to qualifying U.S. citizen or lawful permanent resident relatives.
• Waivers of Inadmissibility: Individuals who are otherwise inadmissible to the United States due to certain violations of immigration law may seek waivers of inadmissibility. These waivers, if granted, allow individuals to lawfully enter or remain in the U.S. despite the grounds of inadmissibility.
• Prosecutorial Discretion: Prosecutorial discretion allows immigration authorities to decide whether or not to pursue deportation proceedings against an individual. Factors considered may include the person's length of time in the U.S., family ties, community involvement, and potential eligibility for relief from deportation.
• Temporary Protected Status (TPS): Temporary Protected Status is granted to individuals from designated countries experiencing armed conflict, environmental disasters, or other extraordinary conditions. TPS allows eligible individuals to remain in the U.S. for a temporary period and may shield them from deportation during that time.
• Deferred Action: Deferred Action is a discretionary determination to temporarily postpone deportation proceedings against an individual. It does not provide lawful status but allows individuals to remain in the U.S. for a specified period, typically renewable, without fear of deportation.

Navigating the complexities of immigration law and deportation defense requires careful consideration of individual circumstances and legal options. Consulting with an experienced immigration attorney, like those at The Barrera Law Firm, PLLC, can provide crucial guidance and advocacy to pursue the most appropriate strategy for avoiding deportation and securing legal status in the United States.

Call (571) 290-2390 or contact us online today to schedule a consultation with our experienced legal team!