Deportation is one of the harshest consequences an individual can face while living in this country. With just one order, the entire life they built can be upended. In many cases, the individuals return at extreme risk of violence and exploitation within their home country.
Defense of deportation and removal is one of the cases we are most familiar with at Singh Ahluwalia Attorneys at Law. Our lead attorney, Deepak Ahluwalia, has helped hundreds of thousands of individuals avoid removal and deportation throughout his legal career.
Our firm can provide you with a deportation defense lawyer to help you understand your legal options and to prepare a case with a high chance of success. Many of our attorneys came to this country with the dream of helping others gain the foothold that has allowed them to excel within their field.
If you are facing an ICE investigation or have been given an order of removal, remember that the most important thing to do is to act fast. Contact our offices to speak with a deportation defense attorney who may be able to help you.
Schedule your confidential, no-obligation case review today when you call (559) 878-4958 or contact us online. We have attorneys who speak English, Spanish, Hindi, and Punjabi to ensure that clients of many backgrounds can continue to thrive here and seek out their dreams.
How Can a California Deportation Defense Attorney Help Me Avoid Removal?
While there is never any guarantee that a California deportation defense lawyer can succeed in helping you remain in this country, the truth is that the odds are higher than authorities like the DHS want you to think.
There are many valid reasons that an order for removal can be delayed (a “stay of removal”) or withheld indefinitely. You may also be eligible for relief from removal proceedings under United States’ asylum policies which protect torture victims or aid family members subjected to domestic violence.
Some removal cases become an opportunity for someone undocumented or not compliant with their visa to gain a path to permanent residency — potentially even citizenship. The key is finding an attorney who can accurately assess your situation to present you with all available options for remaining in the U.S.
Your deportation defense lawyer can also help you communicate directly with the courts while expediting any proceedings to the extent possible.
Singh Ahluwalia Attorneys at Law can provide you with a lawyer who intimately understands removal procedures, including appropriate options for requesting relief from an immigration judge or prosecutorial discretion from agencies like ICE or CBP. We know the factors immigration authorities look for when determining if someone is a continued risk versus someone who has reasons to remain in the country as a positive contributor to the local community.
Deportation defense often comes down to not only knowing your rights but how to protect those rights through the right requests and procedures. Let us help you determine what paths may be available to help you remain in this country, as we value all members of society — not just the ones that the law deems “worthy” of being here.
What Are Some Common Strategies a California Deportation Defense Attorney Can Use?
Several methods are available in a typical case where someone wishes to avoid removal. They range from temporary and circumstantial to permanent solutions that may provide some lucky individuals with a path towards permanent residency — in some rare cases, naturalization.
Cancellation of Removal
A removal order can be canceled under certain circumstances, such as when an immigration appeals judge grants relief after being convinced that an individual’s rights to due process were violated.
Cancellation of removal only sometimes leaves the individual in a position where they can legally remain living and working in the U.S. Still; it can effectively halt all prosecution the individual is facing.
Withholding of Removal
Withholding of removal effectively means that ICE (or another immigration authority like CIS) has decided not to act out your removal order.
Individuals granted this relief can face the renewed threat of deportation anytime. Still, they may be able to determine other legal methods of remaining in the U.S. during the “leeway” period.
Stay of Removal
A stay of removal delays removal proceedings by a defined period. Stays are granted in some cases by the Board of Immigration Appeals (BIA) and in others by an immigration judge or an ICE official.
A stay is often allowed when the individual has reasons to believe their immigration status may change, such as a pending Form I-130, or when they have personal matters to wrap up before they are forced to return to their country of origin.
[H3] Deferred Action (DACA)
Deferred action is a policy-based procedure that delays most removal proceedings for a predefined period after an individual arrives in the United States. The most prominent example is the Deferred Action for Child Arrivals (DACA) policy instituted by executive order under the Obama Administration.
Recent court decisions prevent ICE from initializing any new DACA requests, but there may be other opportunities for deferred action based on existing policies and prosecutorial discretion.
Voluntary Departure
While a voluntary departure is often highly undesirable, it precludes an official removal proceeding. Depending on the individual, their voluntary departure could allow them to apply for a visa or other methods of immigration after they return to their home country.
Asylum
The USCIS may grant asylum to those who face the credible threat of physical and psychological harm should they be forced to return to their country of origin. Certain individuals are more likely to be able to receive asylum, such as those who are members of persecuted groups or who live in regions with significant political disruption.
Depending on the outcome, asylum may create either a “limbo” status similar to withholding of removal or a potential path to legal residency.
Violence Against Women Act (VAWA)
Foreign individuals are provided many of the same protections created through the passage of the Violence Against Women Act.
Abused spouses and dependent children of a U.S. citizen or green card holder, in addition to abused parents of a U.S. citizen, may be eligible to remain in the U.S. under a VAWA visa, enabling them to be authorized to work and to receive possible public benefits.
Convention Against Torture (CAT)
Similar to asylum, this program grants relief from removal proceedings when the foreign individual under prosecution faces a demonstrable threat of torture in the country they will be forced to return.
These protections may even be available to individuals facing prosecution for certain crimes that would make them ineligible for asylum status.
Adjustment of Status
In many situations, the individual facing removal has means available to them to change their status and remain compliant with U.S. immigration laws and policies. Often, all it takes is an I-751 renewal to go from “overstayed” to lawful.
In other situations, a petition by a family member or an intended spouse can enable you to obtain a stay of removal until You can convert your status. Our attorneys will examine every possible option to help you remain in the country and avoid future situations where you could face removal.
Criminal Waiver
In cases where a deportation is ordered in connection with the foreign individual being convicted of a crime, it may be possible to have the conviction waived — or removed — from their record, invalidating the reasons for their removal.
Motion to Terminate, Motion to Suppress
Some motions can halt criminal and removal proceedings, particularly when an agency like ICE or CIS has committed an error of due process. In other cases, the individual may be able to achieve immunity from prosecution based on their cooperation with an investigation or their ability to appeal a prior conviction successfully.
Work With California Deportation Defense Lawyers Who Have Experience Helping People Like You
Deportation may seem like the end to your story of living in America, but it doesn’t have to be. There are dozens of different reasons why your removal may be delayed or canceled, including situations where your status changes to legal resident once more.
Our experienced attorneys will examine every possible option to give you a path to remain and achieve your goals of working legally or becoming a permanent resident or citizen.
We will go over all of your available options and do everything we can to protect your ability to remain in the U.S. Consultations are available for individuals facing deportation as well as concerned family members or close friends seeking assistance for individuals currently in detention.
Singh Ahluwalia Attorneys at Law is ready to fight for you! Find out how we can help and get answers to all of your questions during a confidential, no-risk case review. Schedule your consultation today when you call (559) 878-4958 or contact us online.
