When you appear before an immigration judge during a deportation hearing, it’s very important to have an experienced and skilled deportation defense attorney. This will give you better chances of success in your case since the attorney who will represent the government will certainly have appeared in numerous deportation hearings and therefore be very experienced. Nomani and Nomani offer very skilled deportation attorneys who have gained experience in helping clients in their deportation cases. Even in the situation where you had lost deportation and would want to appeal the ruling. Our deportation lawyers can reopen the case at the BIA and get you a green card to allow you to continue living in the country.
What Are the Different Types of Deportation Defenses?
There are different ways one can avoid deportation depending on their circumstances. The most common types of deportation reliefs include:
The Cancellation of Removal for Non-Permanent Residents. This is considered the most common type of relief, for it’s a pathway to obtaining a green card for those in deportation proceedings. To get a green card through this relief process, you have to be able to prove that you are of good moral character. You also must have lived in the United States in the last ten years. You are also required to have a parent or spouse who is a U.S. citizen or lawful permanent resident. Other requirements may be considered; thus, it is important to consult an experienced deportation attorney to walk you through the entire process.
Application for Permanent Residency. Normally green card applications are filled before a person is placed in removal proceedings, but they can also be used to defend against deportation. The application for permanent residency is based on the approval of an immigrant’s visa petition. In most cases, it is based on a family petition. It can also be based on an employment-based petition.
Criminal Waivers. Criminal waivers are available to permanent residents facing charges of deportation due to criminal offenses. Someone who is not a permanent resident can apply for permanent residency in conjunction with a criminal waiver that would otherwise make the permanent residency application to be declined. Noncriminal Waiver. You may need to file a noncriminal waiver to obtain benefits such as visas
or permanent residency based on employment or family relationships. Acts such as lying to get immigration benefits or smuggling your spouse or children may require a waiver to obtain benefits. The waiver application can be filed simultaneously with other applications, but it may also be required to prevent deportation.
Relief Under the Convention Against Torture. If an alien in the United States has suffered past harm or fears, they will be prosecuted when they return to their home country. They may be eligible for asylum. For the application to be approved, the applicants must show that the harm they suffered or the harm they may suffer can rise to the level of prosecution. The harm should be based on race, religion, nationality, political opinion, or social group.
U Visas. If you helped investigate a crime, you might apply for a U visa to become an authorized worker in the United States. If the U visa application is approved, deportation proceedings may be terminated. However, you must prove that you are a victim of certain crimes and have suffered physical and mental harm for the application to be successful. You will also need to help in the investigations and prosecution of the crime. At Nomani and Nomani LLP, we have successfully represented several U visa applicants.
Therefore, you can trust that we have all it takes to help you with your application.
DACA Deferred Action for Certain Childhood Arrivals. This applies to individuals brought to the United States as children who attended school in the country and have not been outside the U.S. this is, however, a developing area of law that the president almost terminated. Still, in June 2020, the supreme court held that the termination did not follow due procedure. Therefore, it is crucial to talk to an immigration lawyer before applying for a DACA to determine the current state of the law.
Voluntary Departure. If there is no other defense option available, or if you are eligible to return to your home country and obtain a visa to return to the United States, you can choose voluntary departure. It may not be an available option for most people, but it can be the best option to avoid deportation.
TPS and NACARA. The United States government designates certain countries for temporary protected status. This is if the conditions in that country may temporarily make a return to the country unsafe for the person. This can also be applicable if the government cannot handle the return of its nationals. Nationals from certain countries like Central America and Eastern Europe who entered the country before certain dates and applied for asylum may be eligible for NACARA. The Nicaraguan Adjustment and Central American Relief Act is a federal law approved by the United States Congress in 1997.
Are You in Need of a Deportation Attorney?
Appearing in a deportation hearing without a deportation defense attorney is a recipe for disaster. You also do want to appear in the hearing with just any attorney. If your attorney is not experienced in deportation defense, you have a lower chance of winning the case. Get the best attorney in Houston at The Law Offices of Nomani and Nomani. We have gained vast experience and skills in handling deportation cases over the years; thus, you are guaranteed great results. Many immigrants make the mistake of not taking the time to get a skilled and competent lawyer to represent them in court. Visit our offices today so we can discuss the prospects of your case to come up with the best defense strategy.
We are based in Houston, Texas, and we target Houston, Missouri City, Stafford, Sugar land, Bellaire, and the other surrounding Texas communities. Visit our website for more information, or call us at (713) 789-
7500 to learn how we can help you.
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