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Thank you for contacting us. Please complete this form and one of our team members will be in touch with you soon.Are you looking for the best deportation lawyers in Texas? It’s quite understandable if you are. Recent changes in immigration policies shook the legal landscape, affecting deportation measures in the United States. Amid these changes, seeking help from skilled deportation defense attorneys is vital if you face removal proceedings.
With a focus on bolstering border security and internal safety, two executive orders were signed, significantly impacting immigration expulsion. These orders shaped the enforcement of existing U.S. immigration laws, leading to the removal of individuals categorized as criminal aliens.
Searching For The Best Deportation Lawyers
Given these immigration changes, it is essential for you to be well-informed about the remedies accessible to you during deportation proceedings. This applies to authorized and undocumented immigrants alike.
Facing removal proceedings can be a daunting and overwhelming experience, but there is still hope through the possibility of requesting cancellation of removal. This process allows eligible individuals to avoid deportation and obtain lawful permanent resident status.
In such circumstances, searching for the best deportation attorneys in town can prove a challenge. There is a lot to consider when determining that a deportation attorney is the best one to handle your situation.
Immigration attorneys are your crucial ally in your fight to stay in the country. These attorneys possess in-depth knowledge of the complex immigration laws and cancellation of removal. They understand the importance of gathering and presenting strong evidence that proves your eligibility for cancellation.
Benefits Of Hiring A Deportation Attorney
A deportation defense attorney near you will work closely with you, analyzing your unique circumstances to develop the most effective strategies for your case. They will advocate on your behalf in court, making persuasive arguments that highlight your positive contributions and moral character.
Additionally, a deportation defense counsel can guide you through the legal intricacies, ensuring that all necessary documentation is properly prepared and submitted to the court. Their competence can significantly increase your chances of success in the cancellation of the removal process.
With their support and dedication, you can face deportation proceedings with confidence and optimism for a positive outcome. These skilled advocates not only fight for you but also highlight the human toll of deportation on your loved ones, emphasizing your positive character.
Lozano Law Firm has a team of experienced deportation attorneys who can help you fight deportation in a cost-effective way. They understand your needs and aim to help you save time, money, and stress. Alfredo Lozano, the firm’s founder and principal attorney, is a Board-Certified Specialist in Immigration and Nationality Law in Texas. You can be confident that the firm can develop a tailored strategy especially when you are appealing for cancellation of removal.
How To Qualify For Cancellation Of Removal
In the field of immigration law, the initial category for the Cancellation of Removal focuses on canceling the expulsion of non-citizens of the United States.
This particular form of relief enables them to waive certain reasons for being deemed inadmissible or removable. Nonetheless, fighting a deportation order can be challenging since it necessitates fulfilling specific requirements. To be eligible for cancellation, you must establish the following parameters.
Continuous Physical Presence
It is important to demonstrate that you have been physically present in the United States for a continuous period of at least 10 years. This means that any absences from the country must be brief and not disrupt the continuity of stay in the country.
Good Moral Character
You must exhibit good moral character as defined by the statutes governing immigration law. Assessing moral character involves looking into factors such as criminal history, honesty, and adherence to the law.
Absence Of Serious Offense Convictions
You must not have been convicted of a serious offense to apply for cancellation of removal. This includes crimes such as aggravated felonies, drug trafficking, and certain violent offenses.
Exceptional & Extremely Unusual Hardship
Arguably the most demanding condition to satisfy involves establishing that your departure from the United States would lead to family hardship. This degree of hardship is considered “exceptional and extraordinarily uncommon.”
The suffering must be demonstrated to impact your spouse, parent, or child, who is either a U.S. citizen or a lawful permanent resident (LPR). You have to prove that the difficulties your family will go through are much worse than the usual challenges of being apart.
Meeting these eligibility criteria can be challenging. It is a complex and demanding process that requires a thorough understanding of the legal requirements and the ability to present a compelling case.
Therefore, it is crucial to consult and obtain the services of experienced deportation attorneys. They have the skills to build up your case and fight a deportation order.
Step By Step Deportation Process
The immigration system is characterized by its complexity and lack of transparency, with numerous intricate components. The laws, regulations, policy memos, and executive orders are intricate and occasionally conflicting. Moreover, international treaties also play a significant role in shaping these guidelines.
Immigration & Customs Enforcement Identifies Candidate For Deportation
U.S. Immigration and Customs Enforcement (ICE) is unable to initiate removal proceedings against an individual until they have identified someone whom they intend to deport. However, the Constitution explicitly forbids them from apprehending and detaining individuals based on their perceived ethnicity or language. Despite this, officers frequently rely on these factors to identify potential candidates for deportation.
Appropriate Action For Removal
After identifying a potential candidate for deportation, the Department of Homeland Security (DHS) has the responsibility to make a decision. This decision pertains to the appropriate procedure for legally deporting the individual.
Additionally, DHS must assess whether it is a priority to proceed with the removal. Also, maintaining prosecutorial discretion is a key aspect. Even if a deportation ICE agent discovers someone who is eligible for deportation, they have the option to not pursue the removal process based on agency priorities.
Sometimes referred to as deferred action, this discretion is an important concept to consider. It is worth noting that, under the current administration, prosecutorial discretion has become less common. This is due to an executive order that specifies every individual who violates immigration laws should be considered a priority for removal.
Determining Legal Eligibility For Deportation
If an individual is eligible to contest their case before an immigration judge and has not waived this right, they will undergo removal proceedings. These proceedings take place in immigration court. Individuals involved in these proceedings have the right to be represented by an attorney.
However, it is important to note that the government generally does not provide legal counsel to most individuals in immigration court. ICE is represented by an immigration lawyer for deportation who acts as the prosecutor in the case.
Measuring The Feasibility Of Physical Removal By ICE
After receiving a final removal order, the DHS possesses the legal authority to physically remove the individual from the United States. This authority empowers them to execute the removal at any given time.
However, the process of deportation relies on the cooperation of another country in accepting the individual. Hence, not all individuals who have a removal or deportation order are effectively expelled from the United States.
Delays in arranging transportation to the individual’s country of citizenship can be influenced by various factors. These factors include limited resources within DHS or logistical complexities associated with travel to that specific country.
Moreover, individuals may face obstacles in obtaining necessary travel documents, such as a birth certificate or passport, from their home country. These challenges can arise due to political conflicts or inadequate infrastructure within the country that hinders the provision of citizenship confirmation.
Furthermore, in some cases, governments may refuse to accept individuals deported from the United States. This is especially true when those individuals are perceived as political dissidents or are disputed as non-citizens by the government. Consequently, it may be impossible to carry out the deportation of a person from the United States, despite it being permissible under U.S. law.
Summary
Finding yourself in a deportation proceeding can be distressing. However, there are several remedies you can use to avoid being sent back to your home country. One of them is the cancellation of removal.
It requires gathering and presenting evidence to meet eligibility criteria. This includes a continuous physical presence in the United States, good moral character, and not being convicted of a serious offense.
Consulting with an immigration attorney is advisable, especially considering your specific circumstances. Seek their guidance before any changes implemented by the new administration potentially impact you and your family.
