Milpitas Deportation Defense Attorney

Responding to a Notice to Appear

When someone from another country is in the United States, there are specific rules and procedures they must follow. What these are depends on their immigration status, visa type, and other factors. If something happens, such as being charged with a serious crime, that violates those rules, the person could be sent back to their home country.

It’s important to understand that deportation, formally known as removal proceedings, is a process. Facing removal proceedings doesn’t automatically mean that you will be deported, and there may be legal strategies and options you can use to remain in the United States.

This is a complex area of immigration law, and working with an attorney is key to ensuring you understand your options and can present the strongest deportation defense case possible. Serving Milpitas and the rest of Santa Clara County, the team at Law Offices of Daniel Shanfield Immigration Defense P.C. is here to help. Call our firm at 408-359-4388.

What Does Deportation Mean?

Deportation is when someone is legally removed from the United States and, usually, returned to their home country. Any noncitizen can face removal proceedings, and this includes Green Card holders who have maintained permanent residence in the United States for years.

Removal proceedings are generally connected to alleged violations of immigration law. Some of the most common reasons for deportation include overstaying a visa, violating the terms of your legal status, or being charged or convicted of a crime involving moral turpitude or an aggravated felony as defined by immigration law.

Whether you can return to the United States after being removed depends on why you were deported. In some cases, you could face a lifetime ban. Even if you are eventually allowed back in the country, it may be after a waiting period of anywhere from five to 20 years. This is just one reason why it’s critical to take removal proceedings seriously and work with an experienced deportation defense attorney during this process.

What Happens During Deportation Proceedings?

Removal proceedings generally start with a Notice to Appeal. This notice is a formal document that outlines the allegations against you and the reasons why you are being considered for removal. It will also have a date and time that you are supposed to appear in court.

At the initial hearing, the judge will review the reasons for removal and any charges against you, and you will have the opportunity to either admit or deny the allegations. Before this happens, your immigration lawyer may discuss with you immigration relief options, such as asking for asylum or a withholding of removal. Evidence and testimony are usually given at a second hearing.

The government’s legal team will also be given the chance to submit evidence and explain why they believe the removal proceedings should go forward. An immigration judge will decide whether to issue the removal order or grant immigration relief, which means that you would be allowed to continue to stay in the United States.

What Are Your Options for Deportation Defense?

Deportation isn’t inevitable, and there are several viable removal defense options your attorney may discuss with you. If you meet the requirements for maintaining a continuous presence in the United States and being removed would cause your remaining family members extreme hardship, you can ask for a cancellation of removal if there is a specific issue that makes you removable or inadmissible, such as a criminal conviction. A waiver of inadmissibility can help you get around this in some cases.

If you are afraid to return to your home country because you have a reasonable belief that you would be harmed or persecuted, asking for asylum or withholding of removal could be an option. You must have evidence that there is a reasonable threat to your safety, and the threat needs to be tied to a specific classification, such as race, gender, or belonging to a particular social group.

Another option is a voluntary departure. Instead of being forcibly removed from the United States, you agree to leave the country on your own. This generally allows you to avoid having a deportation on your record. It can also open more options for returning to the United States in the future.

Which deportation defense option makes the most sense depends on the facts of the case and your background. An immigration attorney can review your circumstances and suggest the most favorable option.

How Long Do Deportation Cases Take to Resolve in Immigration Court?

Timelines for deportation cases vary heavily depending on the complexity of the case, the reason for removal, and what kind of immigration relief you’re seeking. While the time between the Notice to Appear and the initial hearing can move quickly, continuances, backed-up court schedules, and appeals can add several months to the process. Your attorney can provide an estimate of how long you can expect your case to take and keep you updated on any changes to that timeline.

Can a Milpitas Deportation Defense Lawyer Represent You During Removal Proceedings?

Individuals going through removal proceedings have the right to legal representation by an immigration attorney, and this is a right you should exercise. Working with an immigration law firm means you have an attorney on your side who can review your Notice to Appear, explain why you’re facing removal proceedings, and help you identify potential deportation defense options. An attorney can also speak for you during your immigration hearing before the judge.

Facing deportation is stressful, but you don’t have to go through the process alone. Our attorneys can provide knowledgeable legal counsel and guidance and address other immigration needs you may have. Take the first step by calling 408-359-4388 to speak to a member of our team.