Do You Want Skilled & Aggressive Removal Defense in Immigration Courts? Look No Further Than Maria Jones Law Firm! Our Phoenix Deportation Defense Lawyers Have Been There Many Times and Successfully Defended Our Clients.
Maria Jones Law Firm has an excellent record for providing comprehensive and effective deportation defense for non-permanent immigrants and Lawful Permanent Residents who face deportation proceedings in immigration courts. Our Phoenix deportation defense attorneys understand the unique issues that face foreign nationals and Green Card holders, and we know how to take the right approach to avoid removal.
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Due Process Rights for Foreign Nationals Facing Deportation
If you are a foreign national who has been detained by Immigration and Customs Enforcement (ICE) for being in the country illegally, in most cases you will not automatically be removed (deported) from the country. The Immigration and Nationality Act allows you due process rights.
You have the right to appear before an immigration judge during a removal proceeding and defend your ability to stay in the U.S. The judge will weigh the evidence presented by you and by DHS Attorney before rendering his final decision.
You need to keep in mind that when you attend a deportation or removal hearing, the government will have an experienced attorney trying his or her level best to ensure your removal from the U.S. Fighting deportation alone, without the assistance of an experienced attorney specializing in deportation defense is not easy.
In case you are deported, you may be barred by the U.S. Government from entering the country for several years, depending upon your case. So, it is important to have an experienced attorney on your side in order to achieve a successful outcome in your removal case.
Our Phoenix deportation attorneys have a proven track record in aggressively defending immigrants facing removal orders. Our team of legal experts can level the playing field at your next hearing.
Deportation Defense Strategy: Cancellation of Removal for Non-Permanent Residents
One of the defenses available to you during a removal proceeding is called a Cancellation of Removal for Non-Permanent Residents. Your best opportunity to avoid deportation may be to hire experienced legal counsel. Our deportation defense lawyers have extensive experience in defending clients during Removal Proceedings, in order to help them to stay in the country.
During proceedings, we can request a Cancellation of Removal for Non-Permanent Residents. To be eligible for cancellation of removal, you must establish before a judge that:
- You have physically lived in the U.S. continuously for the 10 years prior to being served the Notice to Appear in immigration court.
- During the 10 year period, you cannot have been out of the country for longer than 180 days during that 10 year period, and one trip cannot be longer than 90 days.
- You have shown good moral character in that 10-year period.
- You have no aggravated felony convictions (drug crimes, theft, domestic violence)
- Your deportation would cause exceptional and extremely unusual hardship for your husband/wife, parent, or child who legally resides in the U.S.
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Legal Relief for Permanent Residents in Threat of Deportation – Cancellation of Removal for Permanent Residents
Even if you have a legal status in the United States as a Lawful Permanent Resident, you can still be removed from the United States. If you are a Green Card holder and find yourself in danger of being deported or removed from the country, the removal defense lawyers at Maria Jones Law Firm can seek a legal remedy for you known as Cancellation of Removal for Permanent Residents.
You must currently be in deportation proceedings in front of an immigration judge for us to file an application for a Cancellation of Removal on your behalf. If the immigration judge approves your application, you may keep your lawful Permanent Resident status and remain in the country.
To qualify, you must:
- Be a lawful Permanent Resident (Green Card holder) for at least 5 years up to the time your application is filed.
- Have lived in the U.S. continuously for 7 years or more after being lawfully admitted to the country, and before you received a Notice to Appear at the removal proceeding.
- Have not been convicted of an aggravated felony.
During your hearing, we will present documentation to the Judge that demonstrates your eligibility for Cancellation of Removal. The judge has the discretion to weigh any past criminal offenses against other factors, such as your good standing in the community, service in the armed forces, consistent record of paying taxes, education, proof of rehabilitation, or solid family and business ties.
Did you know that the Judge’s decision is NOT FINAL? You have the right to appeal the immigration judge’s decision to the Board of Immigration Appeals.
Most Common Reasons for Removal
There are numerous reasons why you or a loved one may have been issued a Notice to Appear (NTA). Here are the most common reasons a U.S. immigrant may be deported:
- They violate certain terms of their immigration status (e.g. nonimmigrant visa, green card, etc.). A person may have been inadmissible at the time of entering the U.S. or when they adjusted their status.
- They violated one or more immigration laws.
- They lied on their visa application.
- They commit marriage fraud.
- They continued to stay in the country despite their visa having expired.
- They are proven to have assisted foreign nationals smuggle into the U.S., during or within 5 years of them coming to the U.S.
- They failed to inform the U.S. Citizenship and Immigration Services (USCIS) of a change of address. Green card holders as well as non immigrants on temporary visas (staying in the U.S. long enough that they are actually residing in the country) are expected to submit immediate notifications to USCIS when they change their address.
- They commit specific crimes. Certain crimes that can get a nonimmigrant or green card holder to the point of receiving NTA include domestic violence, document fraud, drug trafficking, espionage, crimes of ‘moral turpitude’ and of course, the serious crimes, including murder and rape.
Keep in mind that certain crimes may be classified as ‘felony’ or ‘misdemeanor’ in the state where you currently reside. The judge will not label these crimes as ‘aggravated felony’ or a ‘crime of moral turpitude.’ But, immigration authorities and their attorneys will naturally make their own judgment about such things. So, there are occasions when even certain ‘misdemeanors’ can result in deportation.
You Have Rights – Our Phoenix Deportation Defense Attorneys Can Help Protect Them
Even if you are facing removal and have been served a Notice to Appear, know that you have rights as an immigrant:
- You have a right to a fair hearing.
- You have a right to an attorney. However, it will not be free.
- You can present evidence in your support & hear evidence & arguments against you.
- You can appeal the final decision of the immigrant court.
Preserving the Rights of Non-Immigrants & Permanent Residents
Attorney Maria Jones and her legal advocates are well respected in Phoenix, and throughout the Southwest, for their continuous efforts in preserving the legal rights of immigrants from all parts of the world. We represent clients from Mexico, Central and Latin America, Haiti, Asia, Canada, Europe, and virtually any nation on earth.
We wish to help you remain in the United States with your family. Deportation is a great hardship that can be legally averted through Cancellation of Removal.
Please call (602) 603-4032 to learn more or schedule a free consultation with one of our Phoenix removal attorneys to discuss the merits of your case and understand your legal options.