Deportation Defense Lawyer in Fresno

Helping You Stay in the United States

Anyone living in the United States who is not a U.S. citizen can be deported for a wide variety of reasons. Nonimmigrant visa holders, lawful permanent residents, and undocumented immigrants are at risk of deportation for even the most minor immigration violations. Facing deportation proceedings can be very frightening, as the life you have built in America could be at risk. Fortunately, our team can defend your rights and represent you during your hearing to improve your chances of staying in the country.

If you have received a notice of deportation or removal proceedings, you need an experienced defense attorney on your side. The Bains Law Office has years of experience in immigration law, helping people stay in the United States to work and live with their families. We will create a legal defense strategy based on your unique circumstances and your immigration status. To learn more about our services and receive a consultation, call us today at 559-282-8924.

What is a Deportation Proceeding?

A deportation removal proceeding is not a criminal trial, but the processes are very similar. During the hearing, you will appear before a judge and answer questions about your immigration status and your alleged violation. You can bring an attorney to represent you, which is highly recommended, as your life in America is on the line.

Your deportation proceeding will end with a judge making a decision about your immigration status and whether you must be removed from the country. If it is decided that you must leave, you have 30 days to make an appeal. Our team can help you fight this decision and keep you in the United States.

What Are the Most Common Reasons for Deportation Proceedings?

There are many reasons why you may be facing deportation. Committing any criminal act or violating the terms of your immigration status are the main causes of deportation. It’s possible to be in violation of multiple things, even if they are relatively minor.

The most common reasons individuals are deported include:

• Overstaying a visa
• Committing a crime, including drug crimes, firearms offenses, domestic violence, and aggravated felonies
• Entering the United States illegally
• Entering into a fraudulent marriage
• Helping others enter the United States illegally
• Providing fraudulent documents
• Altering documents to get government benefits
• Lying about citizenship status to get benefits
• Engaging in any activities that compromise national security

Even if you avoid any immigration issues or crimes, you could still find yourself facing deportation. Incorrect information or misleading immigration policies can lead to overzealous immigration officials requesting deportation. Many immigration laws change frequently, forcing immigrants to become experts just to stay in the country.

No matter why you are facing deportation, our team can help you. We can defend you during your deportation proceedings and request a cancellation of the removal order. Contact us today to get started.

How Do You Defend Against Deportation?

Although deportation proceedings can be frightening, they do not automatically mean that you will be removed from the country. There are many different ways to fight against deportation depending on the circumstances of your proceeding and your immigrant status.

Our team will start by challenging the fact that the Department of Homeland Security (DHS) believes you are removable. By contesting these charges, you can force the DHS to provide evidence of your alleged offense. If the DHS cannot provide enough evidence, it is likely that the immigration judge will rule in your favor.

If you are found to be removable, there are still defense options you can take advantage of, including:

• Asylum
• Withholding of removal
• Adjustment of status based on family
• Cancellation of removal under the Violence Against Women Act (VAWA)
• Cancellation of the removal if you do not have a green card
• Cancellation of the removal under the Convention Against Torture (CAT)
• Prosecutorial discretion
• Voluntary departure
• Deferred action

What is the Deportation Process?

It’s important to understand the entire deportation process, even if you do not go through it in its entirety. If you are facing deportation proceedings, you will receive a Notice to Appear from the U.S. Immigration and Customs Enforcement (ICE). As soon as you learn of the proceedings you are facing, reach out to our team to start building your case.

You will then be required to attend a Master Calendar Hearing. During this hearing, the court will ask you if you would like a deportation lawyer. If you are eligible for deportation relief, you can apply now.

Next, you will attend an individual hearing. During your hearing, you can give your testimony and provide evidence to show why you should not be deported from the country. Our team will stay by your side, showing evidence in your defense and protecting your rights. Deportation proceedings can last a few months or several years.

After your hearing, the immigration judge will make their decision. If they rule against you, you can appeal this decision within 30 days to the Board of Immigration Appeals (BIA).

Do You Need a Deportation Defense Attorney?

Being removed from the country is a frightening prospect to many immigrants in the United States. Returning to your home country without your family, friends, or job forces you to start over. If you are facing deportation proceedings, the best way to protect yourself and your future is by working with a defense attorney.

At The Bains Law Office, we understand how stressful this legal process can be, and we are dedicated to fighting for you so you can get back to your regular life as quickly as possible. Please don’t hesitate to reach out to our team. Call us today at 559-282-8924 for a consultation.