Removal & Deportation

Austin Removal & Deportation Defense Lawyer

Are You in Danger of Deportation?

Deportation, also referred to as “removal,” is a very serious matter. Without a strong and effective defense, it means you will be sent back to your home country and separated from any family members currently residing in the U.S. After being removed, you may be barred from entering the U.S. for many years or permanently. Because of the seriousness of this matter, it is highly advisable that you seek the help of an attorney who can fight for you in immigration court. At Zavala Law, PLLC, we have years of experience in handling deportation/removal. We will do everything legally possible to assist you or your family before the immigration courts.

Facing deportation? Talk to our Austin removal and deportation defense attorney at (512) 488-3970 or contact us online as soon as possible.

Removal & Deportation From the U.S.

You can be deported from the U.S. for a variety of reasons. One of the simplest and most apparent reasons for removal is that you entered or remained in the U.S. without legal status. However, even individuals with a visa or green card can be deported for many reasons.

If you are detained by immigration officials or receive a Notice to Appear to appear in immigration court, it is important to know that you will not be immediately deported/removed from the U.S. The immigration system generally allows everyone in deportation or removal proceedings to apply for an immigration benefit to avoid being deported or removed.

Common reasons can include:

  • You committed a crime. The more serious that crime is considered to be, the more likely it will lead to a removal. The crimes that can lead to removal are listed under Section 237(a) of the Immigration and Nationality Act (INA), such as drug crimes, firearms crimes, the smuggling of other aliens into the U.S., human trafficking, domestic violence, crimes of “moral turpitude,” (relating to dishonesty and violating good moral values), violent crimes such as rape, murder, and manslaughter, and most aggravated felonies. Even misdemeanors can be considered crimes that classify you for deportation by immigrant officials.
  • You violated immigration law. For example, you may be accused of engaging in marriage fraud in order to gain entry and a green card. Smuggling other foreign nationals into the country also violates laws on immigration.
  • You are deemed a security risk due to terrorist activity, espionage, endangering the public, or engaging into other illegal anti-government actions.
  • You violated the terms of your visa. For example, if you are visiting the U.S. as a tourist, you are prohibited from working here. If you overstay your tourist, student, or other visa without getting it renewed, you have violated its terms. Even failing to advise immigration officials of your change of address as a green card holder is a violation.
  • You have been found to be receiving public assistance. Green card holders must have proven that they will not become dependent on free government services as a “public charge.” If it has been found that you have gone onto welfare, gotten food stamps, free medical care, or other governmental services, it can be a deportable offense.

When considered for removal, the first step will be that you receive a Notice to Appear. This notice will instruct you when and where to appear before a judge in immigration court. These notices can be issued by the United States Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE) or the U.S. Customs and Border Protection (CBP). It is important to know that you will not be immediately removed but will have a chance to present your case to a judge.

Reach out to Zavala Law, PLLC at (512) 488-3970 or through our online request form for dedicated legal help to fight deportation today.

Cancellation of Removal

You may be eligible to apply for a cancellation of removal to prevent your deportation. As a green card holder, in order to qualify you must have been a lawful permanent resident for a minimum of five years, have continuously lived in the U.S. for a minimum of seven years, and not have any aggravated felony convictions. If you are a non-permanent resident, you must have been present in this country continuously for a period of 10 years, be a person of good moral character, not convicted of certain crimes, and in a position where deportation would lead to extreme hardship to family members who are either lawful permanent residents or U.S. citizens.

An immigration has the right to either grant or deny your request for cancellation of deportation. The judge may review various factors to determine this, such as how long you have resided in the U.S., your community and family connections, any services you have provided to the community, and other advantages that can work in your favor. At Zavala Law, PLLC, we can create the best possible case to present to the court in pursuing your right to remain in the United States.

Hablamos Español

Our team is fluent in Spanish. We want you to understand every step of your case. We will make sure that nothing is lost in translation.

Let Us Help You & Your Loved Ones With Your Immigration Case

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