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Deportation and Removal Defense
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If you have been arrested in Houston, Texas and are now facing a deportation order, you’re likely overwhelmed and unsure of where to turn. The immigration process can be intimidating and is a challenging situation for anyone to confront alone. Fortunately, you don’t have to face this issue without support.
Being served a deportation order, officially known as an “Order of Removal,” means the U.S. government intends to remove you from the country. Deportation orders are generally issued when an individual is found to be violating some part of an immigration law, perhaps due to an unlawful presence or after being convicted of certain crimes.
It’s crucial to understand the process thoroughly to build a proper defense. The first step generally involves attending a court hearing with an immigration judge. During this hearing, you’ll have the opportunity to present your case and request relief from deportation.
An individual may face deportation from the U.S. for multiple reasons:
Each of these reasons requires a unique legal strategy to challenge the deportation order effectively.
Several options exist to dispute a deportation order. Getting immediate legal assistance from a qualified Houston Immigration Attorney and understanding these avenues is important in developing a robust strategy.
If a deportation order is issued, you may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. The BIA has the authority to overturn deportation orders if they find procedural mistakes or errors in the application of law.
This form of relief cancels your deportation under certain conditions. Eligibility usually includes holding a green card for at least five years or continuous residence in the U.S. for a decade without committing specific crimes. Refer to the USCIS website for more details: USCIS.
If returning to your home country threatens your life due to persecution, you may seek asylum. Asylum applications must generally be filed within one year of arrival in the U.S., but exceptions do exist if extraordinary circumstances are proven.
Opting for voluntary departure allows you to leave the U.S. on your terms within an agreed-upon timeline, avoiding the penalties of an enforced removal order.
If new evidence emerges or there are significant errors in your case, you may file a motion to reopen or reconsider, potentially altering the deportation outcome.
Cano Immigration, headed by top Houston immigration lawyer Olsa Cano, provides viable and proven experienced assistance in confronting the complexities of immigration law. Located at 12141 Wickchester Ln Ste 600 in Houston, the firm combines legal acumen with personalized attention to help you fight a deportation order effectively. Olsa Cano and her team are adept at tailoring legal strategies to individual circumstances, giving you the best chance of a positive outcome.
| Resource | Description | Link |
|---|---|---|
| USCIS Houston Field Office | Local contact point for immigration-related inquiries | Visit site |
| Houston Immigration Court | Handles immigration cases and hearings | Visit site |
| Catholic Charities of the Archdiocese of Galveston-Houston | Offers immigration legal services and resources | Visit site |
Missing your hearing can result in an automatic deportation order. It’s crucial to notify the court immediately if you cannot attend your scheduled date, providing valid reasons for your absence.
No, a deportation order becomes final only after you’ve exhausted your appeal options or failed to appeal. Legal assistance can help extend your stay during this period, preventing immediate action.
A criminal record, especially involving serious crimes, significantly impacts the likelihood of deportation. However, legal defenses may mitigate these consequences depending on the circumstances.
If you’re facing a deportation order, taking swift, informed action is important. For personalized legal deportation defense representation and advice, call Cano Immigration at 832-288-2727 to schedule a consultation. Legal resolution is possible with the right knowledge, preparation, and support. Let Olsa Cano and the Cano Immigration team in Houston guide you through this challenging journey.
Numerous justifications for deporting or removing non-citizens are laid out in the U.S. Immigration and Nationality Act (INA). Common justifications for deportation from the U.S. include but are not limited to the following;
Few rights apply to those who are living illegally in the United States. They could be deported back to their place of origin without a hearing. However, those who are lawful permanent residents (often known as “green card holders”) and those who possess visas like the F-1 student visa and the K-1 finance (e) visa are entitled to a hearing before they are deported. Additionally, they can take a negative judgment to the Board of Immigration Appeals (BIA).
There are five major categories of criminal conviction that can lead to deportation from the U.S., namely;
A person cannot enter the U.S. if such a person has committed certain felonies. A person will not be able to return legally if such a person is deported for a felony that makes them ineligible no matter how long they have resided in the U.S. Furthermore, it is easier to obtain a hardship waiver if your crime is not regarded as a particularly serious crime. A crime is deemed exceptionally serious under the INA if it is an aggravated felony with a penalty of five years or longer.
An illegal immigrant may be deported without a hearing and frequently through an expedited removal process within 24 hours after being arrested by U.S. Immigration and Customs Enforcement (ICE) officers. An illegal immigrant in the U.S. can be deported if;
In conclusion, U.S. citizens cannot be deported unless they get their citizenship through fraud.