Immigration Removal Defense Lawyer in Fairfax

Facing the possibility of deportation can be a stressful and overwhelming experience. Immigration removal defense is the legal process aimed at helping individuals fight deportation and remain in the United States. If you or a loved one are dealing with removal proceedings, it’s crucial to understand your options and how an experienced immigration lawyer can assist.

What Removal Proceedings Involve

Removal proceedings are initiated when the Department of Homeland Security (DHS) believes that a non-citizen should no longer be permitted to stay in the U.S. This process begins with a Notice to Appear (NTA), which outlines the charges and reasons for the removal. The NTA requires the individual to appear in immigration court.

In court, an immigration judge reviews the case, listens to arguments from both the government and the individual or their attorney, and determines whether removal is justified. Each case is unique, but proceedings typically involve hearings, evidence submission, and legal arguments.

Common Reasons for Removal

People can face removal for various reasons. These may include:

• Violations of Immigration Laws: Staying in the U.S. after a visa expires or entering the country without proper documentation are common causes.
• Criminal Convictions: Certain criminal offenses, even if minor, can result in removal proceedings.
• Fraud or Misrepresentation: Providing false information on immigration forms or at the border can lead to deportation.
• Failure to Maintain Status: This includes individuals who fail to comply with the terms of their visa, such as working without authorization.

Options for Defending Against Removal

While removal proceedings can be intimidating, there are legal defenses available that may help you remain in the U.S.

• Asylum
  Individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group may be eligible for asylum. To succeed, you must demonstrate a credible fear of harm if returned to your home country.
• Cancellation of Removal
  This option is available to certain non-citizens who meet strict eligibility criteria. For instance, lawful permanent residents (LPRs) must show they have been in the U.S. for a specific number of years and have maintained good moral character. Non-LPRs may also qualify if they can demonstrate that their removal would cause extreme hardship to a U.S. citizen or LPR family member.
• Adjustment of Status
  If you are eligible to apply for a green card, adjusting your immigration status may halt removal proceedings. This process typically involves showing that you meet all requirements for permanent residency.
• Prosecutorial Discretion
  In some cases, immigration officials may decide to close or suspend your case. This decision is based on factors such as your family ties, contributions to your community, or medical issues.
• Waivers for Certain Grounds of Inadmissibility
  If your removal is based on specific inadmissibility grounds, you may qualify for a waiver. These waivers can allow you to remain in the U.S. despite past mistakes or immigration violations.