Passionate Defense in Immigration Court
Eloy Deportation Defense Attorneys
At our immigration law firm we fight for your American Dream and we provide Passionate Deportation Defense!
Our deportation attorneys are committed, professional and serious about defending you through each of the following legal processes:
Immigration Court: Removal Proceedings in immigration court are not fun! They are incredibly stressful on you and your family. If you have received a Notice to Appear in immigration court, you want to have the help of an experienced deportation lawyer by your side every step of the way. Do not go to immigration court alone!
Motions: There are many motions that can save the day in immigration proceedings. They include Motions to Reopen, Motions to Reconsider, Motions to Terminate, and Motions to Suppress. These are complex legal applications and they are time sensitive, so if you think you need one, act quickly!
Appeals and Petitions for Review: If you have lost your case in court, you have 30 days to appeal the decision. Act quickly, and let’s fight your case! Our office handles appeals and petitions of review and we brainstorm solid legal arguments to maximize your chances of success.
Detention and Bond Issues: We fight to get your loved one out of detention whenever possible. Even if he or she is located outside the bay area, we can help to locate them, submit requests for them and argue for their release!
Do NOT go to immigration court alone, and DO NOT go with someone who is not 100% committed to fighting for you! You deserve the best legal representation possible!
If you are in immigration court, you need a strategy for immigration relief! There are many possible strategies, and there are many laws that work in your favor. Please see our page 8 common ways to defend against deportation.
If you are deportable, and if you are facing a hearing in immigration court – now is the time to discuss your life with your attorney in great detail so that together you can strategize the best relief available for you!
Winning cases in immigration court is NOT all about the lawyer, instead it is about you working as a TEAM with your attorneys to put forward the best case possible. This is exactly how our immigration approach removal cases at Landerholm Immigration!
Our team of immigration attorneys believe that the best way to strategize a deportation case, is by taking the following steps:
- First, we must examine and understand the position of the government, the allegations and the problem that got us into removal proceedings to begin with. This requires carefully examining the charging document (the Notice to Appear), and carefully examining your immigration history.
- Second, we must examine you the client! We need to get to know you, your family, your values, your history, your beliefs, your past etc.
- Third, we must use the immigration laws and processes available to determine which will best fit your exact situation and which will give you the best arguments to stay in the United States.
If you are facing deportation, let’s get together and discuss your life, your options and the best strategy to keep you in the United States with your family and loved ones!
8 Ways to Defend Against Deportation
If you have received a “Notice to Appear” in Immigration Court or if you have been given an “Immigration Hold” while in custody, you need to contact a lawyer as soon as possible. Experienced lawyers know various ways of defending you against deportation. Some of these ways are described here:
- Asylum, Withholding and CAT: If you fear that you are in danger in your home country, you may qualify for relief from removal based on asylum or other related grounds.
- Cancellation of Removal (for LPRs): If you have a green card but have committed a crime or otherwise have been placed into removal proceedings, find a lawyer immediately. You may qualify for Cancellation of Removal. The criteria are difficult to meet, but they include the following three basic requirements: (1) living in the US for 7 years since being legally admitted; (2) living for 5 years with permanent residence (green card) before committing a crime or getting into removal proceedings; and (3) never having been convicted of an “aggravated felony” for immigration purposes.
- Cancellation of Removal (for Non-LPRs): If you don’t have a green card or are undocumented, the law provides one way to avoid deportation, but it applies only in the rarest of instances. Among other requirements, the applicant must show that she has lived in the US for 10 years and that her deportation would cause “exceptional and extremely unusual hardship” to the her spouse, child, or parent who is a United States Citizen or permanent resident. Never apply for this without speaking to an experienced immigration attorney.
- U-Visas: It is important to remember that you can sometimes avoid deportation if you are legally eligible for a visa. One visa that commonly comes up in removal proceedings is the U-visa. The U-visa is specifically for people who (1) have been the victim of certain serious crimes, (2) have suffered serious and ongoing harm as a result, (3) have reported the crimes to the police, and (4) have cooperated in bringing the perpetrator to justice. Talk to a lawyer to see if you can attempt to apply for a U-visa. Remember that an important prerequisite to applying for a U-visa is cooperating with the police and the prosecution; it will be essential that they certify that you have been cooperative before you can obtain this visa.
- Adjustment of Status: If you are married to a US citizen or permanent resident, or if a family member has filed a petition for you, you might be eligible to apply for a green card directly. Depending on how you entered the United States, you might need to go back to your home country to process the green card, but if not, you might be eligible to “adjust your status” to permanent residence here in the United States. Talk to an attorney today to see whether or not you’re eligible.
- Voluntary Departure: If you have no other viable option or if you would rather just be deported, you or an attorney can apply for you to leave voluntarily at your own expense. The judge will only grant this if you can show that you have enough money to buy your own passage, if you have a valid travel document, and if you can convince the judge that you will not stay beyond the set date of departure. Talk to an attorney to find out more about asking for voluntary departure – it is much nicer than actually being deported.
- Prosecutorial Discretion: If you have no other viable option, and with the help of an attorney, you can apply for “prosecutorial discretion.” In the summer of 2011, the Department of Homeland Security released a few memos discussing the ability for ICE attorneys to grant immigrants “prosecutorial discretion” in very strong cases and to avoid deportation even when there is already a deportation order. It is very difficult to win this form of immigration relief. Talk to any attorney about the chances of successfully applying for prosecutorial discretion.
- Motions to Suppress: If you have been targeted by ICE in a way that egregiously violated your constitutional rights, speak to an attorney immediately! Motions to Suppress are much more common in criminal court than in immigration court; however, in certain situations they can work in removal proceedings as well. If you win this difficult and rare motion, you may be able to completely terminate proceedings.
- Others: There are also 212(h) waivers, 212(c) waivers and other legal statutes which allow people in certain situations to prevent or avoid deportation. You’ll need to talk with a lawyer to see if any of these options are available.
Eloy Asylum Attorneys
We Help People Seek Asylum In The United States
At the Landerholm Immigration, A.P.C., we help clients seek asylum in the United States. If you can answer “Yes” to any of the following questions, we may be able to help you apply for asylum:
- Are you afraid something bad will happen to you if you go back to your home country?
- Is your home country dangerous or war-trodden?
- Have you or your family members been tortured, imprisoned or otherwise subjected to violence in your home country in the past, or are you worried that you will be if you return?
- Have you ever been harmed in your home country because of who you are or what you believe?
- Have your religious or political freedoms ever been restricted in your country?
Asylum is a complicated and risky area of the law. If you are rejected for asylum, you may have to leave the United States. Before you engage in the asylum process, talk to an attorney who knows the law, and who you trust.
Things That Can Bar You From Asylum
Certain things can keep you from being eligible for asylum in the U.S., including:
- Waiting too long: Anyone seeking asylum has to apply for it within one year of arriving in the United States, unless they can meet one of two difficult exceptions.
- Committing a serious crime: Being convicted of certain crimes or having a history of persecuting others can bar you from asylum.
- Supporting terrorist groups: Giving material support to a group identified as a terrorist organization can keep you from being granted asylum.
Refugee Status Lawyers Serving Eloy Arizona | We Offer Free 15 Minute Case Evaluations | Hablamos Español | Nós Falamos O Português | 中文
If you have questions about political or religious persecution, withholding of removal or another matter related to asylum, contact our office to speak to a Eloy asylum lawyer. We offer free 15 minute case evaluations.
Nobody wants to be deported from the United States, especially people with family in the country. If you are legally eligible for a U-visa, obtaining one can be a way to avoid deportation. It is also a way for undocumented people to apply for legal immigration documents for the first time.
A U visa is specifically for non-U.S. citizens who have been hurt in a crime. There are four requirements to qualify for a U-visa:
- You were a victim of a qualifying serious crime.
- You were helpful in the police investigation and the prosecution of the crime.
- You suffered severe emotional or physical abuse in conjunction with the crime.
- You must be “admissible,” which means you cannot have a serious criminal history, or a history of immigration violations (unless you are eligible for a “waiver” of your grounds of inadmissibility).
Helping Crime Victims Obtain Visas
At the Landerholm Immigration, A.P.C., our immigration attorneys help people obtain documentation and avoid removal from the United States. We may be able to help you if you can answer “Yes” to one of these questions:
- Since arriving to the United States, have you or anyone in your family been a victim ofdomestic violence or abuse that you reported to police?
- Have you been in a witness assistance program?
- Were you or anyone in your family hurt in a drug-related or gang-related crime?
- Were you or anyone in your family ever the victim of sexual assault, rape or other abuse?
- Were you or anyone in your family ever severely victimized by your employer — who failed or refused to pay you for your work?
Every situation is different. Seek the advice of a lawyer if you have questions about visas or green cards.
Seeking To Avoid Deportation? Our Lawyers Serve In Immigration Matters | We Offer Free 15 Minute Case Evaluations | Hablamos Español | Nós Falamos O Português | 中文
If you are searching for a Eloy lawyer for U-visas, our firm can help you. Our attorneys serve clients throughout Northern California, the United States and the world. Contact us now we offer free 15 minute case evaluations.
Cancellation of Removal
Cancellation of Removal is a broad concept in immigration law that includes the following specific laws:
- 42A Cancellation of Removal for Permanent Residents
- 42B Cancellation of Removal for Certain Nonpermanent Residents
- VAWA Cancellation of Removal for certain victims of abuse
- 212(c) cases
- Old (Pre-1997) Suspension of Deportation
- Special Rule Cancellation under NACARA, HRIFA and others.
An application for Cancellation of Removal is essentially a statement that “even though I may be ‘deportable’ under the laws, please don’t deport me today because I am eligible under one of the laws passed by congress.” If the judge agrees, not only will you be allowed to stay in the US, but you will actually be allowed to either keep or apply for permanent residence (a green card)!
If you believe you may be eligible for any of the Cancellation of Removal laws, please do not sign deportation, and do not hesitate! Call our office and get a free evaluation today!