Deportation Lawyer in Los Angeles

Fight for Your Right to Stay in the United States

One thing to keep in mind when attending a deportation or removal hearing is that the government will have an attorney who will be fighting to ensure your removal from the United States. Fighting deportation alone against an experienced lawyer is not easy to do, which is why it is of the utmost importance that you have your own legal counsel who is intimately familiar with deportation law. If you are deported, the United States government can bar you from coming back to the U.S for a number of years; depending on your deportation.

Our Deportation Attorney in Los Angeles

The Law Firm of Anish Vashitha, APLC is a law firm solely focused on immigration. Our proven deportation defense attorneys in Los Angeles and the Bay Area are aggressive defenders of immigrants facing deportation or removal orders and can help you level the playing field at your hearing.

Common Reasons For Deportation

There are many reasons why you or a loved one may have received an NTA (Notice to Appear).

Below are some reasons why individuals may receive a deportation notice:

• They are present in the United States illegally.
• Their visa has expired and you have overstayed.
• They are working in the U.S. but are also violating the terms of their visa.
• They provided incorrect information on an immigration application.
• They have smuggled other immigrants illegally into the U.S.
• They have committed specific crimes.

What Are My Rights?

If you are facing removal, you still have rights as an immigrant. You have a right to a fair hearing and the right to a deportation defense attorney, although they will not be free. You are able to present evidence and hear evidence against you. You also have the right to appeal the immigration court’s final decision.

What is the Deportation Process?

The process to remove you from the United States starts when you are issued a Notice to Appear, or NTA. The NTA includes a list of claims about you which the government must prove to deport you. If their claims cannot be proved, the judge must terminate removal proceedings.

The deportation process:

• ICE serves you a Notice to Appear (NTA)
• Master calendar hearing -- you will be asked if you need time to get a deportation attorney.
• If you proceed without a lawyer and you are eligible, you may apply for relief from deportation. If you aren’t eligible, you will be deported.
• Individual hearing -- you will have the chance to give testimony or have witnesses testify regarding your situation. It is imperative to have an attorney by your side at this point.

At the end of the hearing, the judge will make a decision. If you were deported, you have 30 days from the decision to make an appeal to the Board of Immigration Appeals (BIA).

How to Fight Deportation

Below are some things to remember to help you fight against deportation:

• You have the right to an immigration hearing, where you can present your case
• You have the right to a deportation attorney -- reach out to an experienced one near you immediately
• You have the right to use an interpreter offered by the court for yourself or witnesses for your case

Common Deportation Defense Strategies

Knowledge of immigration law will be your biggest asset in deportation and removal defense. There are several laws and legal procedures that can protect you from deportation. Knowing what these are and how to use them is critical to your defense, which is where Los Angeles deportation attorney can help.

Common deportation and removal defense strategies include:

• Asylum – If returning to your home country could put you in danger of physical harm or persecution, you could request asylum in the United States, which would allow you to work here and even apply for a green card.
• Criminal Waivers – If you are a permanent resident or applying for permanent residency and are being threatened with deportation because of a criminal past, you may be able to file for a criminal waiver to have the crime waived from your record.
• I-751 Renewal – Keeping up with all of your immigration paperwork can be stressful, and many people miss deadlines for their I-751 petition. Missing this deadline sometimes results in removal proceedings. Thankfully, it is usually possible to have the petition renewed before the removal proceedings proceed.
• Motion to Terminate & Motion to Suppress— The government must follow due procedure when ordering deportation or removal. If a mistake was made in the government’s paperwork, or if law enforcement violated constitutional due process when arresting you, then it may be possible to have the entire case thrown out.
• Cancellation of Removal for Illegal Immigrants – If you have lived in the U.S. for ten years and have displayed “good moral character”, additionally you must show it will be" exceptional and extremely unusual" hardship to your U.S. Citizen spouse or child if you are deported, then it is often possible to cancel the removal proceedings so you can apply for a green card.

How Long is a Deportation Order Valid For?

A deportation order may be valid for five, ten, or 20 years.

Typically, the validity of an order depends on the situation:

• 5-year Ban -- removed upon arrival at a port of entry because individual was found to be inadmissible or failure to appear at removal hearing
• 10-Year Ban -- at the end of your removal hearing, the immigration judge determined that you must be deported
• 20-Year Ban -- you have already received an order of removal previously or were convicted with an aggravated felony, or re-entered the U.S. without permission after being removed

What Happens if My I-130 is Approved While in Removal Proceedings?

If you are in removal proceedings and your Form I-130 (Petition for Alien Relative) is approved by USCIS, this may prevent deportation and ensure that you are eligible for an immigrant visa. Approval of Form I-130 means that the judge may choose to terminate removal proceedings and make a decision on Form I-485 (Application to Adjust Status).

This deportation defense is possible for those in a situation where the immigrant received a Notice To Appear (NTA) and is in removal proceedings, and has a bona fide marriage to a U.S. citizen who has filed a Form I-130 on behalf of their immigrant spouse. In order for this to work, the petition must be completed correctly and the petitioner must be able to submit documents and prove that the marriage is indeed out of love and not simply for immigration benefits. Don't wait, if you need a deportation attorney to help you with the removal process in California, call us today.

Can I Travel While In Removal Proceedings?

Whether you can travel while in removal proceedings depend on several factors and should be approached with caution. Here are some things to consider:

• Travel Restrictions: Generally, once removal proceedings have commenced, there is a presumption of continuous presence required. Leaving the United States without proper authorization or advanced permission from the immigration court or U.S. Immigration and Customs Enforcement (ICE) can lead to negative consequences, such as being deemed to have abandoned your case or being subject to a removal order in absentia.
• Advance Parole: In certain circumstances, individuals in removal proceedings may be eligible to apply for advance parole, which allows temporary travel outside the United States with permission. This typically requires filing Form I-131, Application for Travel Document, and obtaining approval from USCIS before departing.
• Consult an Attorney: It is crucial to consult with an experienced deportation attorney who can assess your specific situation and advise you on whether travel is advisable or permissible in your case. They can evaluate the potential risks and consequences based on the stage of your proceedings, your immigration status, and any pending applications or motions.
• Court Notification: If you plan to travel, you must inform the immigration court and any involved parties, such as the Department of Homeland Security (DHS) prosecutor, of your intentions. Failing to notify the court or relevant parties may result in complications or adverse decisions in your case.
• Travel Considerations: Even if permission is granted, traveling while in removal proceedings can carry risks. It is important to carefully weigh the potential benefits against the potential consequences. Factors such as the urgency of the travel, the strength of your case, and any potential impact on your ability to attend future court hearings should be taken into account.

Given the complexities involved, it is strongly recommended to consult with an experienced removal proceedings lawyer who can provide personalized guidance based on the specific details of your case. At Law Firm of Anish Vashistha, we can inform you about the potential risks, advise on the best course of action, and ensure compliance with immigration laws and regulations during the removal proceedings.

Can USCIS Deport You?

No, the U.S. Citizenship and Immigration Services (USCIS) does not have the authority to initiate deportation or removal proceedings. USCIS is responsible for processing immigration benefits, such as visa applications, green cards, and naturalization.

The agency that handles deportation or removal proceedings is the U.S. Immigration and Customs Enforcement (ICE), which operates under the Department of Homeland Security (DHS). ICE is responsible for enforcing immigration laws and conducting investigations related to immigration violations. If a non-U.S. citizen is found to be removable or in violation of immigration laws, ICE may initiate deportation or removal proceedings.

Related Reading

• Raising the Dead: Bringing Someone Back to the U.S. Following Deportation