Deportation Defense Lawyer Fairfax Virginia
Immigrants and non-citizens of the United States, even those with legal status, U.S. with legal status, can be subject to deportation and detained while awaiting Immigration Court proceedings. Facing removal proceedings is strenuous to the all involved. It's imperative to have an experienced attorney to fight for your defense and avoid removal. Whether deportation proceedings are due to failure to follow proper protocol or for criminal activity, an immigration attorney can help to ensure all viable options are explored. Cancellation of Removal, Asylum, Waivers, Adjustment of Status, and appeals are some options available.
• Waiver - In certain circumstances, an individual facing deportation proceedings or deemed inadmissible can petition for a waiver. There are various types of waivers and the individual's circumstances will determine which one is suited.
• Cancelation of Removal for Permanent Residents - Permanent Residents are still subject to deportation but there is relief. If you have been have held LPR status for at least 5 and lived 7 years continuously in the United States among other criteria, you may have the opportunity to request relief from deportation in a hearing before the Immigration Court.
• Cancelation of Removal for non-permanent aliens - If you have been a resident of United States with continuous presence within the U.S. for at least 10 years, have good moral character, have not been convicted of a crime of moral turpitude and your deportation would pose exceptional hardship to your U.S. Citizen spouse and/or child or parent you could be eligible for relief. Or if you have been battered or subjected to extreme cruelty by your U.S. Citizen or lawful permanent resident spouse/parent and have been in the U.S. for 3 years and are a person of good character. There is additional criteria that will need to be examined to ensure that you are eligible for this relief.
• Petition for Asylum - Asylum is the protection afforded to foreign nationals, who are already in the U.S., and feel that they cannot return to their country of origin due to persecution for their political, religious, or social beliefs. Should they return they would face moral danger, persecution and/or torture. Spouses and minor children can be included in the petition and if the petition is granted, you will be legally able to work and live in the United States. After a year, you can apply for permanent residency status. There are several standards that must be met and generally the petition must be filed within one year of entry to the United States.
• Withholding of Removal - If a Petition for Asylum is not an option due to a criminal record, Withholding of Removal could be still be granted through the Convention Against Torture Act (CAT) which permits foreign nationals who have been convicted of aggravated felonies to remain in the United States.
• Deferred Action - Allows for individuals without status who arrived in the United States prior to age 16, are currently in school or have graduated high school or attained a GED, under the age of 30 have little to no criminal record to request relief.
If you or a loved one is facing deportation, contact an Immigration attorney immediately to discuss possible relief. Each case is unique and there is often a lot of documentation to be submitted but a skilled attorney can help guide you through the process and ensure you have the best possible opportunity to seek relief.