Deportation / Criminal Defense / Cancellation of Removal
San Antonio Deportation, Removal, and Criminal Defense Attorneys
The deportation or criminal court processes can be a very stressful and frightening experience for a foreign national, especially when the outcome can result in your removal or deportation from the United States and also mean a long and painful separation from your family and loved ones. That is why you need a qualified deportation defense attorney to protect your rights and to fight for you to remain in the U.S.
If you are not a U.S. citizen and you are charged with a criminal offense or are currently in deportation proceedings, you the need comforting hand of the deportation defense lawyers at Garcia & Ramirez, P.C., to stand by you and defend you through this often daunting and overwhelming process.
The immigration laws involving deportation are extremely complex and change frequently. Very few immigration or criminal lawyers know them well. At Garcia & Ramirez, P.C., our attorneys defend foreign nationals in the immigration courts on a daily basis. Some of the courts that we frequently practice before include San Antonio, Harlingen, and Houston, Texas. However, we have also represented and are available to represent individuals at various other immigration courts throughout the United States.
Criminal Charges
Many foreign nationals unfortunately do not realize the list of criminal offenses for which a non-citizen can be deported is constantly growing. In many cases, non-citizens who find themselves in criminal proceedings should always make sure that the attorney they hire to represent them fully understands whether a conviction for a certain offense will have deportation consequences.
Our experienced immigration deportation attorneys and criminal defense lawyers understand plea bargains and the category of offenses you can plea to that will in most cases not have deportation consequences or that make you eligible for relief( a pardon/waiver) from removal/deportation in the event such proceedings were initiated against you.
We have successfully represented clients on a wide range of criminal matters, including:
- Traffic Offenses
- Drunk Driving / DUI / DWI
- Reckless / Careless Driving
- Theft / Larceny
- Drug Possession, Sales & Manufacture
- Criminal Sexual Conduct
- White-Collar Crimes
- Domestic Violence
If you have been charged with an offense, the criminal justice system moves fast, so contact us as soon as possible for experienced criminal defense representation and protection from deportation.
Removal Hearings and Relief from Removal
Removal hearings are initiated by the Department of Homeland Security(DHS), when they allege that a non-citizen can be deported/removed from the United States. Removal proceedings are initiated when the Department of Homeland Security files a document called a Notice to Appear with the immigration court. Once the Notice to Appear is filed with the court, the non-citizen will be scheduled for a hearing before an immigration judge. The Department of Homeland Security (DHS) may send the alien a Notice to Appear document in the event that a violation of immigration law is asserted. This document specifies the nature of the proceedings against the individual, the individual’s alleged violations of the law, their right to legal counsel, and the consequences they may suffer if they fail to appear at the hearings.
At a removal proceeding, the Judge will determine two things: the individual’s removal from the U.S. and whether the individual is eligible for a form of relief from removal. Below is a summary of the most frequently requested forms of relief that are available to an alien who has been found to be removable. These descriptions are not fully inclusive, and are subject to change since Congress may legislate new laws.
Relief from Removal
Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.
Voluntary Departure
Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges, as well as the Department of Homeland Security (DHS), which absorbed the functions of the former Immigration and Naturalization Service. Voluntary departure avoids the stigma of formal removal by allowing an otherwise removable alien to depart the United States at his or her own personal expense and return to his or her home country, or another country if the individual can secure an entry there. It is important to note that aliens granted voluntary departure must depart within the time specified by the Immigration Judge. Although an Immigration Judge has the discretion to set a shorter deadline, aliens granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those granted such relief at the conclusion of removal proceedings must depart within 60 days. In addition, in order to avoid being penalized for choosing to appeal a decision rather than depart, the Board of Immigration Appeals (BIA) usually will extend an earlier grant of voluntary departure for 30 days. As with other forms of discretionary relief, certain individuals will be found ineligible for voluntary departure, and those granted voluntary departure who fail to depart are subject to fines and a 10-year period of ineligibility for other forms of relief.
Cancellation of Removal
This form of discretionary relief is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:
- Has been a lawful permanent resident for at least 5 years;
- Has continuously resided in the United States for at least 7 years after having been lawfully admitted; and
- Has not been convicted of an "aggravated felony," a term that is more broadly defined within immigration law than the application of the term "felony" in non-immigration settings.
Cancellation of removal for non-permanent residents may be granted if the alien:
- Has been continuously present for at least 10 years;
- Has been a person of good moral character during that time;
- Has not been convicted of an offense that would make him or her removable; and
- Demonstrates that removal would result in exceptional and extremely unusual hardship to his or her immediate family members (limited to the alien's spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.
It is important to note that different standards are used in determining eligibility for victims of domestic violence.
Adjustment of Status
This form of discretionary relief is available to change an alien's status from a non-immigrant to a lawful permanent resident. Aliens who have been previously admitted into the United States can apply to the DHS for adjustment of status, while aliens in removal proceedings apply before an Immigration Judge. Several conditions must be met, including that the alien is admissible for permanent residence and an immigrant visa is immediately available at the time of application. Aliens who qualify for visas allowing an adjustment of status are often petitioned for by a spouse (or another family member) or an employer. Certain individuals, including criminals and aliens who fail to appear for proceedings or fail to depart after a grant of voluntary departure, and those who were ordered removed may be ineligible for adjustment of status.
Asylum
Under the Immigration and Nationality Act, the Attorney General may, in his discretion, grant asylum to an alien who qualifies as a "refugee." Generally, this requires that the asylum applicant demonstrate an inability to return to his or her home country because of past persecution or a well-founded fear of future persecution based upon his or her race, religion, nationality, membership in a particular social group, or political opinion. However, an alien may be ineligible for asylum under certain circumstances, including having failed to file an asylum application within an alien's first year of arrival in the United States, being convicted of an aggravated felony, or having been found to be a danger to national security. Similar forms of relief are Withholding of Removal and applications under the United Nations' Convention Against Torture.
Applying for discretionary relief in removal proceedings are complicated matters, and you should contact Garcia & Ramirez, P.C. to see if you qualify and how we can help you.
Contact Us
We have a high success rate in defending our clients in removal proceedings and at getting them out of immigration custody in the event they are detained by DHS. Contact Garcia & Ramirez, P.C. to defend your rights and protect your status.
