At Sadri Immigration Law, our removal defense lawyers and deportation defense attorneys are committed to supporting immigrants living in San Jose, San Francisco, and the Bay Area, and fighting for their right to remain in the country. We will work tirelessly to obtain a cancellation of removal and ensure your rights are respected when facing removal or deportation proceedings. Through our experience and knowledge of immigration law, we will examine all the possibilities and devise a strategy for defending you.
Reasons For Removal Proceedings
The most common reason for removal proceedings is entering the country without legal permission. However, many immigrants find themselves in unexpected situations that lead to removal proceedings. For example, refugees and asylum seekers may be faced with removal proceedings if their application for asylum is unsuccessful.
Also, if your visa has expired or you have violated the terms of your work visa, you may also be subject to removal proceedings. Committing certain felonies and misdemeanors as an immigrant such as drug-related offenses may also lead to the Department of Homeland Security seeking your removal.
During removal proceedings, you have the right to an attorney who will defend you during a hearing in which a lawyer from the U.S. Immigration and Customs Enforcement Agency (ICE) presents their case for your removal. Like any other legal case, the prosecution must meet the burden of proof by providing adequate evidence for why you should be removed. Depending on your present circumstances, there are multiple defenses that can prevent deportation.
Common Defenses For Removal
With the help of a skilled removal defense attorney, you may be able to win a removal hearing by showing that the prosecution does not mean the burden of proof. Removal or deportation can also be prevented through legal remedies such as successfully applying for asylum, obtaining waivers of deportability and inadmissibility, obtaining permanent legal resident status, and obtaining a cancellation of removal.
Immigrants who have been permanent residents for five years or more may be eligible for a cancellation of removal if they have lived in the United States for at least seven years without interruption and have not committed any serious crimes. Non-permanent residents may be eligible if they have lived in the United States for more than 10 years, have shown good moral character, have not committed any disqualifying crimes listed in the Immigration and Nationality Act (INA), and your removal is ruled to be a hardship for close family members who are legal permanent residents or citizens of the United States.
You may also obtain exceptions based on certain legal provisions such as the Convention against Torture (CAT) and the Violence Against Women Act (VAWA). While protection under the CAT does not offer all of the same privileges as legally being granted asylum, it allows immigrants to stay in America if it is likely they will be tortured upon returning to their native country. VAWA allows removal to be canceled if an immigrant has been the victim of domestic violence by a parent, child, or spouse who is a U.S. citizen or legal permanent resident. Immigrants seeking cancellation under VAWA must also display good moral character and have stayed in the U.S. for at least three years.
If you are unable to obtain a cancellation of removal or legal permission to stay in the United States, you may be able to negotiate with a government attorney so that you can obtain a deferred action or a prosecutorial discretion. A deferred action is a decision by the U.S. government to put your case on hold, while a prosecutorial discretion is a decision by the prosecution not to deport you.
Let Sadri Law Defend You From Removal
Sadri Law has the experience qualifications to provide you skillful assistance and compassionate support as you navigate the difficulties of removal proceedings. We’ve made it our mission to help immigrants all over the Bay Area with any sort of legal issues they may be experiencing. Our passion is keeping families together and helping immigrants face difficult situations with hope for the future. Contact us today and we’ll be happy to defend you during your next removal hearing.