Defense of Deportation
All non-U.S. Citizens who are living in the U.S. could be subject to deportation if they violate the terms of their stay or commit certain crimes. Even individuals who have been legal permanent residents for many years can still be placed into deportation proceedings if they violate the terms of their stay.
Grounds for Removal and Deportation:
1. Criminal Grounds
Being convicted of certain crimes can trigger a deportation proceeding even though the defendant was convicted of a misdemeanor and did not serve anytime in prison
When an immigrant (whether a legal permanent resident or not) is confronted with a criminal proceeding, he or she should immediately consult with an immigration practitioner to understand the possible consequences of the pending criminal charge and take precautionary steps before entering into a plea.
It is important to understand that USCIS finds a conviction even if there is an expungement or deferred sentence. Per the Immigration & Nationality Act, a conviction occurs anytime there is a finding or plea of guilt, and any sort of punishment (even probation) given as a result of the guilty plea.
Immigration consequences of criminal pleas are one of the most heartbreaking aspect of immigration defense, because so often my hands are tied by the actions of the criminal defense attorney who may not have taken the time to consult with an immigration practitioner.
If you are in any doubt about you charges, please call The Law Offices of Ricky Malik, P.C., this is an are we specialize in and will carefully insure that you are aware of the immigration consequence of any guilty verdict so you can knowingly proceed.
2. Violation of Status
A person who violates his non-immigrant or immigrant status, or has entered the United States illegally (EWI - Entry without inspection) and has remained in the United States without any permission is subject to deportation. This includes but is not limited to, entry without inspection, overstaying of a non-immigrant visa, unauthorized employment, violating the terms of a student visa, failure to apply for removal of conditional residency, and alien smuggling.
3. Other Grounds
A person is subject to deportation if he or she engages in unlawful voting, activities that violate U.S. laws, falsely claims to be a U.S. citizenship, engages in document fraud, fails to notify immigration of a change of address and fails to register, or was inadmissible to the U.S. at time of entry. A person could also be placed in deportation proceedings on the basis of economic grounds.
How will the Law Offices of Ricky Malik, P.C. Defend You
A person in deportation proceedings can assert several defenses to the charge of removability and deportability. The government has the burden of proving by clear, unequivocal, and convincing evidence. Each case must be analyzed for defenses.
Even if the Government can prove a foreign national is Deportable, the Law Offices of Ricky Malik, P.C. can still fight for your ability to stay in the United States or a "Relief" to allow you to Return
Cancellation of Removal for Legal Permanent Residents
To qualify for this relief, Respondent must have been a Legal Permanent Resident for 5 years, has resided in the U.S. continuously for 7 years, has not been convicted of an aggravated felony. Certain categories of individuals are ineligible for cancellation of removal. Once cancellation of removal is granted, the Respondent is restored to legal Permanent Resident status previously held.
Cancellation of Removal for Nonpermanent Legal Residents
To qualify for this relief, Respondent must show that he has been physically present in the U.S. for a period of 10 years from the date of the application, the Respondent must have been a person of good moral character, has not been convicted of certain crimes, and must show that exceptional and extreme hardship will be caused to a U.S. Citizen or Legal Permanent Resident spouse, parent, or child if they were removed. Certain categories of individuals are ineligible for cancellation of removal.
Adjustment of Status or Readjustment of Status with a waiver
A Respondent may apply for relief from deportation if he or she had an immigrant visa that is immediately available, are admissible, have entered the U.S. lawfully or are covered under the provision of 245(i).
Asylum and Withholding of Deportation
A person in deportation proceedings is also eligible to assert asylum claims if the person can establish that he/she will be persecuted or severely harmed if returned to the country of origin. Generally the person must demonstrate harm on the basis of race, religion, nationality, membership in a particular social group, or political opinion.
There are several waivers available for those who have been deemed deportable or inadmissible. Two such waivers were mentioned above, Cancellation of Removal for an LPR an a non-LPR. In addition there are waiver under section 212(h), 212(c) for pre IIRIRA crimes, 237(a)(1)(H) for fraud or misrepresentation, and many more that an experienced and knowledgable immigration attorney can help you find eligibility.
Immigration Court is one of the most difficult places for any lawyer, even a seasoned immigration lawyer to practice. Before you hire an attorney if you are in court, make sure the attorney is able to fight and will not rollover. It takes a master of immigration laws to analyze every angle to prevent your removal.