Facing deportation can be incredibly stressful. A San Rafael immigration lawyer can review your case and work to identify forms of relief.
At Mendoza Law, we have served over 100,000 clients. If you are facing removal, a deportation defense lawyer serving San Rafael from our team can provide representation and fight for your right to stay in the United States.
The Role of a San Rafael Deportation Defense Lawyer
A San Rafael deportation defense lawyer focuses on protecting non-citizens who are facing removal from the United States. Your lawyer can help by:
- Evaluating eligibility for relief: A lawyer can identify forms of relief such as asylum, cancellation of removal, adjustment of status, or waivers.
- Challenging charges: A lawyer can dispute allegations that you violated immigration laws.
- Representing you: A lawyer can advocate for you before an immigration judge at master calendar and individual hearings.
- Filing an appeal: If necessary, a lawyer can file an appeal with the Board of Immigration Appeals (BIA) on your behalf.
Common Reasons for Deportation
Deportation (also known as removal) is the legal process of removing a non-citizen from the United States. Removal proceedings begin when the government issues a Notice to Appear (NTA), which outlines the allegations against you and the legal grounds for removal.
Common reasons for removal include:
- Visa overstays
- Entering without inspection
- Criminal convictions
- Violations of immigration status
- Fraud or misrepresentation
Receiving a deportation order does not mean you are out of legal options. You still have the right to appear before an immigration judge and present your defense, which is where a deportation defense lawyer serving San Rafael can help.
Common Forms of Deportation Relief
Depending on your situation, you may qualify for one or more forms of relief that could allow you to remain in the United States. Common types of relief include:
Asylum
You may be able to request asylum if you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group. To qualify, you must demonstrate a well-founded fear of harm.
Cancellation of Removal
Cancellation of removal is available in certain cases for lawful permanent residents and non-permanent residents. It generally requires proof of continuous physical presence, good moral character, and that removal would cause exceptional hardship to qualifying family members who are U.S. citizens or lawful permanent residents.
Adjustment of Status
You may be eligible to apply for a green card through a family member or employer, even while in removal proceedings. Whether or not you qualify for this type of relief will depend on visa availability and your eligibility under immigration law.
Waivers of Inadmissibility
Certain immigration violations or criminal issues may be forgiven through a waiver application. Approval depends on meeting statutory requirements and proving hardship to qualifying relatives.
What You Can Expect at Your Immigration Court Hearings
When you’re dealing with a removal proceeding, it typically begins with a master calendar hearing, which is the first time you appear before the immigration judge. During this hearing, the judge reviews the allegations listed in the Notice to Appear and asks whether you admit or deny them.
You will also inform the court of any forms of relief you intend to pursue, such as asylum or cancellation of removal. If you apply for relief, your case will proceed to an individual hearing (sometimes called a merits hearing). Here, you will present evidence, testify under oath, and, if you choose, call witnesses to support your case.
The government’s attorney will then have the opportunity to question you and challenge your evidence. After considering all testimony, documents, and legal arguments, the immigration judge will issue a decision.
Can You Be Released From Immigration Detention on Bond?
Some individuals are detained by Immigration and Customs Enforcement (ICE) while their removal case is pending. If this happens to you, you may be able to request a bond hearing to seek release. At a bond hearing, the judge considers:
- Whether you are a flight risk
- Whether you pose a danger to the community
- Your criminal history
- Your ties to family and employment
- Your history of appearing for court dates
If bond is granted, you must pay the amount set by the court to secure your release.
What Should You Do If You Are Facing Removal?
If you receive a Notice to Appear in San Rafael, it’s critical to:
- Review the notice carefully.
- Gather immigration documents and identification.
- Collect evidence of family ties and community involvement.
- Consult an immigration lawyer to get help with your defense.
Talk to a Deportation Defense Attorney Serving San Rafael
If you are facing removal, you need representation. A San Rafael deportation defense attorney from Mendoza Law can evaluate your situation, strengthen your defense, and work tirelessly to keep you in the United States.
Call now to discuss your situation with a lawyer.