Removal/Deportation Defense

A skilled and trustworthy immigration lawyer has all of the knowledge necessary to help you prevent removal or deportation. An established immigration law firm in Southern California such as The Berdugo Law Firm can help you navigate the legal process of deportation or removal so that you are guaranteed the best outcome. Here are some of the things a deportation attorney can do for you:

• Provide proof that you are a U.S. citizen through a parent or grandparent (N-600).
• Create an argument that you qualify for asylum because there is persecution in your country (Political Opinion or Particular Social Group).
• Request a green card from the judge as an immediate relative of a United States citizen (Adjustment of Status before the EOIR).
• Create a cancellation of removal application to get a green card if you have lived in the U.S. for several years and have good moral character (Litigation in Court proceedings).
• Provide an argument that the immigrant court’s charges for deportation or removal are false or inconsistent (Legal challenges to Notice to Appear).

Overall, your chances of avoiding deportation or removal are much better if you hire a highly skilled deportation defense lawyer. Trying to navigate this complex process on your own can be very difficult, especially if there are additional complications, which often occur in Immigration Law.

Deportation/Removal Defenses

The main service that The Berdugo Law Firm provides is deportation and removal defense, or court litigation. There are common defense strategies that can help you avoid deportation and removal so that you can continue to reside in the United States. Importantly, The Berdugo Law Firm is well versed in advanced litigation techniques which allow us to achieve the best results for our clients.

Here is a general breakdown of some of the defense strategies Jonathan Berdugo may use for your case.

Cancellation of Removal

If certain conditions are met, you may be granted Cancellation of Removal in a complex proceeding before an Immigration Judge. The Judge can approve an application that adjusts your status from a deportable alien to that of a Legal Permanent Resident in the United States. This is only possible if conditions such as proof of continuous physical presence, good moral character, and extreme and unusual hardship are demonstrated, which is why having the assistance of an experienced and highly skilled immigration attorney is necessary.

Waivers Before the Court

Waivers are available for certain types of criminal conduct, misrepresentations, and common grounds of inadmissibility such as entering the UNited States without authorization. These waivers can apply to situations where you may be facing removal or deportation from the United States. Waivers before the Court can even result in forgiveness for prior misconduct that resulted in deportation proceedings.

Family Petitions

If you have a family member who is facing deportation or removal, you may be able to apply for a family-based petition. A family-based petition allows an immigrant to be granted lawful permanent residence if they have a family member who is a United States Citizen or Legal Permanent Resident.

Adjustment of Status

A common defense strategy is to file for a green card application before your case moves on to removal proceedings. When this happens, it can lead to an adjustment of status, which could make you eligible for lawful status and the termination or dismissal of your removal proceedings. These matters are then presented before the United States Citizenship and Immigration Services, where there is a higher likelihood of success.

There is also a higher rate of success if your application is based on an approved immigration visa petition. Most often these are family-based petitions but you could also use an employment petition or from a different category altogether.

Naturalization

Most undocumented immigrants in the United States dream of becoming a United States Citizen through a process known as Naturalization. It involves fulfilling certain eligibility criteria, including a period of lawful permanent residency, demonstrating good moral character, passing a citizenship test, and taking an oath of allegiance to the United States. Once naturalized, individuals enjoy the same rights and responsibilities as native-born citizens even if you were not born in the United States.

Renewals of Status

A different strategy to avoid removal or deportation and maintain status involves timely renewals of status. This typically entails submitting an application, providing updated documentation, and paying any required fees. Renewals are necessary to maintain lawful immigration status and may vary depending on the type of residency status held, such as Employment Authorization Documents (work permits) or permanent residency (green cards).

TPS/NACARA

Depending on your home country, you may be able to get Temporary Protected Status (TPS) to avoid removal or deportation. TPS is a humanitarian immigration program in the United States that provides temporary legal status and work authorization to eligible foreign nationals from designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions. TPS recipients are allowed to remain in the United States until conditions in their home countries improve, at which point they must either return home or seek an alternative legal status.

You may also qualify for the Central American Relief Act or NACARA, an exceptional form of relief but one that is extremely complicated and requires careful analysis of an experience immigration attorney. It provides certain benefits to Nicaraguans, Cubans, Salvadorans, Guatemalans, and nationals of former Soviet bloc countries who were in the United States during specific periods of time and met certain criteria. NACARA allows eligible individuals to apply for lawful permanent residency (green card) status, waiver of certain grounds of inadmissibility, and protection from deportation.

DACA

In certain situations, you may qualify for a Deferred Action for Childhood Arrivals, or a DACA. It allows certain undocumented individuals who entered the United States as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. DACA recipients, often referred to as Dreamers, must meet specific criteria, including continuous residence in the U.S., educational or military service requirements, and absence of certain criminal convictions.

However, DACA laws frequently change, so you should speak with a trustworthy immigration lawyer to determine if this is the right course of action.