Salem Deportation Defense Attorneys

Finding a Way to Defeat Deportation for Salem Residents

An Overview of Removal Proceedings

Each year, about 70,000 people are deported from the U.S. Removal proceedings are the administrative process for determining whether a non-citizen is removable under current immigration law. Removal proceedings are run by an immigration judge.

A removal proceeding starts when U.S. Immigration and Customs Enforcement (ICE) sends a Notice to Appear (NTA) to an individual. The NTA should have important information, including:

• Factual allegations against you
• The legal reason the government seeks your removal (charge of removability)
• The date and time of your hearing

Most removals are sought because the non-citizen entered illegally, overstayed a visa, committed serious crimes, or has an unlawful presence. Your Notice to Appear should spell out the reason.

Individuals in removal proceedings can have a lawyer represent them. Although the government doesn’t need to provide one, you can hire your own to represent you. This is an excellent benefit for most people in removal proceedings.

At a Master Hearing, you must respond to the charges against you. For example, you might claim the allegations are false. The immigration judge will then set a Merits Hearing date to consider any requests for relief from removal. The non-citizen and the government can present evidence at the Merits Hearing, which might include your testimony under oath. The immigration judge should issue its decision at the end of the hearing or prepare a written decision to be mailed.

Immigration hearings are not criminal. Nonetheless, they are high stakes, and you should make the strongest case on your behalf by hiring your own attorney.

Relief from Deportation

One option is to argue the factual allegations against you are false. For example, the government might claim you committed a crime, but they are wrong and you were acquitted. However, you can also bring a defense in the form of relief from deportation.

You might:

1. Request adjustment of status: Someone present in the U.S. can apply for a green card without leaving. However, you must be eligible to adjust your status. Key considerations will include your employment, as well as family relationships. We have helped hundreds of people adjust their status, so let us review if this is an option.
2. Claim asylum: You might claim asylum if you were persecuted or have a fear of persecution in your home country based on religion, race, social group membership, nationality, or political opinion. An asylum is a form of protection from deportation. The media misrepresents asylum as easy to get. In reality, there are strict requirements, but we can help determine if you are eligible.
3. Request cancellation of removal: Some non-citizens in removal proceedings can request cancellation. Eligibility is strict. You must show good moral character, as well as continuous physical presence in the United States, and extreme hardship to certain family members who are either citizens or green card holders. This process requires heavy paperwork.
4. Seek a deportation waiver: Sometimes, a bar prevents someone from seeking cancellation or another defense. We can request a waiver if we can show extreme hardship.

These are some of the most common (and successful) defenses we have raised in removal proceedings for our clients. Call Vanderwall Immigration. The best strategy is the one tailored to your needs and experience.

Some Deportation Defense Myths

Inaccurate information about immigration is everywhere online. In fact, immigration is a high-profile political issue, so politicians have an incentive to spread misinformation. Some common myths include:

• Myth: You can’t be deported if you have a green card. Actually, it’s possible in certain situations—committing immigration fraud or certain crimes are some of the most common reasons why the government seeks to deport someone with lawful permanent residence status. If you receive a Notice to Appear, even as a green card holder, call our firm.
• Myth: The Government will provide a lawyer for your defense. You might get some legal help from a pro bono attorney, but you should find your own lawyer to defend you.
• Myth: You can voluntarily leave the country and avoid negative consequences. Voluntary departure has historically been an option for those facing removal. But it might not be the best choice for you, based on your goals. Call our firm to discuss what options work for you.
• Myth: I can stay if I have a child who is a U.S. citizen. That’s not automatically true. You might pursue a cancellation of removal based on extreme hardship on a U.S. citizen. But there are strict eligibility requirements.
• Myth: If you lose at your hearing, you can appeal. True, you can appeal to the Bureau of Immigration Appeals. However, this panel will only review the immigration judge’s decision for certain errors. You don’t get to present new evidence on your behalf, and most people lose on appeal. 

Immigration law is exceedingly complex. We can’t do justice to all the wrinkles on this page. Get individualized advice fitted to your situation by calling Vanderwall Immigration.

The Consequences of Failing to Appear at Your Hearing

One major mistake is ignoring a Notice to Appear and simply failing to show up to court. That is a very poor strategy. For one thing, the immigration judge can close your case and order your removal in absentia. That result happens frequently. You might be able to file a motion to reopen your case and get the immigration judge to consider possible defenses—but that’s not guaranteed.

The better option is to meet with a lawyer to discuss the alleged reason for removability. You can then pursue any realistic defense to improve your chances of staying.

Vanderwall Immigration: Your Best Choice for Deportation Defense in Salem

Removal proceedings are confusing. Any non-citizen who tries to defend themselves could end up more confused at the end of the process than when they started. Even worse, they could quickly be on a plane out of the U.S. before they know what happened.

Hire a seasoned legal advocate who  has familiarity with immigration law. At Vanderwall Immigration, we can:

• Review your Notice to Appear;
• Analyze the factual allegations, including their accuracy;
• Identify realistic defenses to deportation and whether you can raise them;
• Find documents and evidence in support of any defense;
• Answer your questions and keep you informed throughout the process;
• Appear at any hearing with you and make arguments to the immigration judge;
• Present evidence at a hearing in support of your defense;
• Take other steps to defend against removal.

Speak with a Salem Deportation Defense Attorney at Vanderwall Immigration

Non-citizens and their families face many hurdles once a Notice to Appear shows up in your mailbox. Give yourself the best chance of success by hiring an experienced lawyer at Vanderwall Immigration. We have helped thousands of non-citizens with their immigration needs. We stay on top of ever-evolving federal immigration law, which changes often with each new Presidential administration. Contact us to schedule a private meeting with a Salem deportation defense lawyer at your firm. We will not share your confidential information with ICE or any other government agency.