Columbia Deportation Attorneys

Facing the possibility of removal from the United States can be hugely stressful, especially if you have spent years building up a career, establishing ties to a community, or raising a family. However, just because the deportation process has started does not mean that removal is certain. You may have options to challenge the removal or take action ahead of time. For legal help, turn to a Columbia, Maryland deportation attorney.

At Immigration Legal Advisors, PLLC, we have years of experience representing people in immigration cases. We have earned a reputation for providing honest legal advice and fierce advocacy in court, reflected in our numerous 5-star reviews.

What Are Common Grounds for Removal From the United States?

The grounds for removal from the United States are set out in federal immigration law, and they apply to many types of non-citizens. A person can face removal even after living in the country for years.

Immigration violations are a frequent basis for a Notice to Appear. These include overstaying a visa, working without permission, or failing to keep the terms of a student or work status. In addition, aggravated felonies, drug offenses, firearms offenses, and crimes involving moral turpitude can all trigger removal. Domestic violence, stalking, and violating a protective order are also listed grounds. Even a minor plea in state court can carry serious immigration consequences.

Outside of criminal convictions and visa violations, fraud may also lead to removal. Common examples of immigration fraud include lying on an immigration form, entering into a sham marriage, or falsely claiming U.S. citizenship. A charge is not the same as a final decision, though. The government must still prove its case before an immigration judge.

Can You Get an Adjustment of Status During a Deportation Case?

Adjustment of status during a deportation case is possible for some people. Adjustment is the process of becoming a lawful permanent resident without leaving the United States. When a person is in removal proceedings, the immigration judge usually decides the application rather than USCIS.

To qualify, the person generally needs a basis for a Green Card, such as an approved petition from a U.S. citizen spouse or parent. A visa must be available right away. The person also usually must have been inspected and admitted or paroled into the country. Any grounds of inadmissibility must either not apply or be forgiven through a waiver.

Marriage-based cases face extra scrutiny when the couple married after proceedings began. In that situation, the couple must show strong proof that the marriage is real. Joint leases, shared bank accounts, photos, and statements from friends and family can help. At Immigration Legal Advisors, PLLC, our attorneys work to line up the petition, evidence, and court filings so the request can move forward.

How Should You Respond to Deportation Proceedings in Columbia, Maryland?

Missing a hearing in a deportation case is a serious mistake. A judge can order removal without you present. Reopening that order later is possible only in narrow situations, such as lack of proper notice or exceptional circumstances. Arrive early and bring your hearing notice and any requested documents.

Detention creates its own urgent concerns. A person held by Immigration and Customs Enforcement (ICE) may have hearings on a faster schedule. Family members can use the ICE online detainee locator to find where a loved one is held. Some detained individuals may ask an immigration judge for a bond hearing, while others are subject to mandatory detention. Do not sign any papers from immigration officers without understanding them. Some forms can waive a hearing or agree to removal.

Pursuing a Cancellation of Removal

Cancellation of removal is a form of relief that allows certain non-citizens to stay in the United States and receive a Green Card. It comes in two versions.

The first applies to lawful permanent residents. An applicant must have held a Green Card for at least five years. The applicant also needs seven years of continuous residence after being admitted in any status. A conviction for an aggravated felony blocks this relief.

The second version applies to people without permanent residence. An applicant must show 10 years of continuous physical presence and good moral character during that time. The applicant must also prove that removal would cause "exceptional and extremely unusual" hardship to a U.S. citizen or permanent resident child, parent, or spouse. Only 4,000 of these grants are available each year.

Both versions are discretionary. A judge can deny cancellation even when the basic requirements are met. Strong evidence of family ties, work history, and community involvement can support a request.

Frequently Asked Questions About Deportation and Removal in Columbia, Maryland

Meet With Our Columbia, Maryland Deportation Defense Lawyers

At Immigration Legal Advisors, PLLC, we prepare each defense in removal cases with attention to the facts, the law, and the family relationships at stake. Call 571-441-2233 or contact our Columbia, MD deportation defense attorneys to schedule a consultation.