Find Solutions to Deportation Concerns With a Los Angeles or Fullerton Immigration Lawyer
Every year, thousands of families are torn apart because of removal or deportation proceedings. The reasons can vary widely, from entering the country without authorization to having a past criminal conviction.
Sometimes, it’s a matter of an expired visa status. You might have been here on a work visa and your job ended, or perhaps you were on a fiancé (K) visa and your relationship concluded. No matter the reason, the stress and uncertainty of facing deportation are immense.
Deportation defense has been a deep concern for many of our clients, especially in recent years as removals have increased. We urge anyone who is undocumented or has a family member in detention to discuss your situation with an experienced immigration attorney. Learn about opportunities that may be available. We also encourage permanent residents to accelerate the process of naturalization if they are eligible because of potential status problems in case of criminal charges.
Since 2006, our dedicated attorneys at the Law Offices of Gita B. Kapur and Associates have been a steadfast ally for individuals and families navigating these difficult situations. We are passionate about our work and commit 100% to every client. We will explore every possible avenue to find solutions for your deportation case. We also assist with federal court litigation and habeas corpus petitions.
What Is the Difference Between a Deportation Order and a Removal Order?
A removal order and deportation order generally refer to the same thing: the government’s formal order for a noncitizen to leave the U.S. The only difference is that “deportation order,” while still widely understood and used, is an older term that was officially replaced by “removal order” in 1996.
How Can a Person Avoid Removal or Deportation?
Every person’s situation is unique, but there are various legal avenues to prevent deportation. At the Law Offices of Gita B. Kapur and Associates, we assist our clients by guiding them through options such as:
- Asylum: A person can seek asylum to prevent deportation if they can demonstrate a “well-founded fear of persecution” in their home country. This fear must be based on their race, religion, nationality, affiliation with a particular group or political opinion.
- Waivers for inadmissibility or deportability: If a person has certain criminal convictions or other grounds that prevent them from obtaining legal status or make them eligible for removal, they may be able to apply for a waiver. These waivers can effectively “pardon” certain issues. Common examples include the Section 212(h) waiver and the Section 212(c) waiver.
- Temporary protected status for victims of crimes: The Victims of Trafficking and Violence Protection Act of 2000 established specific nonimmigrant visas – the T-visa and U-visa – for noncitizen victims of certain crimes. These visas offer immigration status to people who have suffered significant harm and are willing to work with U.S. authorities in the investigation or prosecution of criminal activities.
- Adjustment of status: This process provides an opportunity for those already in the U.S. to apply for lawful permanent resident (green card) status without leaving the country. This may be an option for those who entered with a valid nonimmigrant visa (such as a tourist, fiancé, student, H-1B or J-1 visa) or who are covered under specific provisions such as Section 245(i) of the Immigration and Nationality Act.
- Cancellation of removal (42B) cases: This form of relief is available to people who have lived in the country for at least 10 years, can prove good moral character, have not been convicted of certain disqualifying crimes and have qualifying relatives who would suffer exceptional and extreme unusual hardship if they would have to leave and go back to their native country.
- Nicaraguan Adjustment and Central American Relief Act (NACARA): This is for people from qualifying countries – primarily Guatemala, El Salvador, and Nicaragua – who meet certain historical filing deadlines or registrations. To be eligible, they generally need to have filed an asylum application before December 31, 1991, or registered for ABC benefits by specific dates (October 31, 1991, for Salvadorans; December 31, 1991, for Guatemalans). Applicants must demonstrate good moral character and continuous presence in the country for at least seven years before their application’s adjudication. They must also show that they or their family would face hardship if they were forced to leave.
- Temporary protected status (TPS): This is granted to foreign nationals from specific countries designated by the U.S. government. These are usually countries that are experiencing ongoing armed conflict, environmental disaster or other extraordinary and temporary circumstances that make it unsafe for their nationals to return. It provides protection from deportation and eligibility for work authorization for the duration of the designation.
Applying for any of the above can be challenging, involving strict deadlines, complicated requirements and a high burden of proof. Our immigration lawyers can assess your eligibility and guide you through the process, protecting your rights at every step.
Can You Legally Come Back to the U.S. After Deportation?
Yes, it is possible to legally return to the U.S. after deportation. However, it does depend on the reasons for your deportation and how long you stayed in the country without authorization. Some reasons may make it more difficult or impossible to obtain permission to re-enter. There may also be a waiting period before you can apply for permission to re-enter. These waiting periods can range from five to 20 years. In some cases, there may be a permanent ban.
You will need to seek permission from the Department of Homeland Security (DHS) to reapply for admission to the U.S. before you attempt to return. This involves filing Form I-212, also known as “Application for Permission to Reapply for Admission into the United States After Deportation or Removal”. An immigration attorney can help you determine your eligibility to reapply for admission, prepare the necessary paperwork and represent you in any proceedings.
Protect Your Future: Contact Us Today
If you are concerned about your immigration status or facing removal proceedings, our dedicated attorneys are here to help. We believe quality legal representation should be accessible, which is why our services are competitively priced and we offer payment plans for qualifying clients across Los Angeles, Fullerton and nearby areas like Long Beach, Pasadena, San Fernando Valley, Santa Monica, Riverside, San Bernardino, Santa Ana and Palmdale.
We are also proud to serve our community in many languages, including Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu. Schedule a consultation with us today by calling 213-784-6598 or by filling out our online contact form.