Ellicott City Deportation Defense Attorneys

As a non-citizen, deportation and removal proceedings may represent a major threat to the life you have built in the United States. However, just because a deportation case has started does not mean removal is certain. To protect your rights, consider working with an Ellicott City, MD deportation defense attorney today.

At Immigration Legal Advisors, PLLC, we have earned many positive reviews from clients who have trusted us with their cases. Our seasoned immigration attorneys can review your situation and go over all possible defenses to avoid removal. The earlier you contact us, the sooner we can start working on your case.

Reasons for Removal Proceedings in Ellicott City, MD

Removal proceedings are the formal court process the federal government uses to decide whether a non-citizen must leave the United States. These cases usually begin when the Department of Homeland Security (DHS) files a Notice to Appear with the immigration court. The notice lists the allegations against the person and the legal grounds for removal.

People face removal for a range of reasons. Common grounds include overstaying a visa, working without authorization, violating the terms of a student or work visa, or entering the country without inspection. Immigration fraud, such as a sham marriage or false statements on an application, can also trigger removal cases.

Criminal convictions are another reason that immigration officials seek removal, and they can affect permanent residents as well as people without status. Drug offenses, firearm offenses, domestic violence, and crimes the law treats as aggravated felonies or crimes involving moral turpitude can all start a deportation case, sometimes years after the criminal case ended.

Facing Possible Deportation?

Adjustment of Status in a Deportation Case in Ellicott City

Adjustment of status allows an eligible non-citizen to become a lawful permanent resident without having to exit the United States. In some cases, it can be raised as a defense in removal proceedings. When the person is already before the immigration court, the immigration judge generally decides the Green Card application rather than USCIS. If the judge approves it, the removal case ends and the person receives permanent residency.

Eligibility usually depends on having a qualifying family or employment petition and an immigrant visa that is immediately available. Spouses, parents, and unmarried children under 21 of U.S. citizens often have the clearest path. Many applicants must also show that they entered the country lawfully, and anyone with certain criminal or immigration violations may need a waiver.

Marriages that take place after removal proceedings begin come under close scrutiny, and the couple generally must present clear and convincing evidence that the marriage is genuine. Helpful evidence can include a joint lease, shared bank accounts, and statements from people who know the couple.

What Is a Defensive Asylum Application?

A defensive asylum application is a request for protection filed with the immigration court by someone who is already in removal proceedings, unlike an affirmative application filed with USCIS before the government seeks removal. In a defensive case, the immigration judge decides whether the applicant qualifies, and a DHS attorney can cross-examine the applicant.

The legal standard is the same in both settings. The applicant must show past persecution or a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The one-year filing deadline also generally applies, though exceptions exist for changed or extraordinary circumstances.

People who are barred from asylum may still request withholding of removal or protection under the Convention Against Torture. These forms of relief require proof that harm is more likely than not, and they do not lead to a Green Card, but they can prevent a return to a country where the person faces serious danger.

How to Prepare for a Deportation Hearing in Ellicott City

Preparing for a deportation hearing requires more than simply showing up on the scheduled date. Most cases have at least two types of hearings. At a master calendar hearing, the judge reviews the charges, the person responds to the allegations, and the court sets deadlines. At an individual hearing, the judge hears testimony and evidence and decides whether the person qualifies for relief.

Before each hearing, gather your passport, immigration documents, court notices, and any records related to past arrests or convictions. Supporting evidence must usually be filed by deadlines the court sets in advance, and documents in another language need certified English translations.

You must also update your address with the immigration court within five days of moving. Missing a hearing, even because a notice went to an old address, can result in a removal order issued without you present.

Meet With Our Ellicott City, Maryland Deportation Defense Lawyers

Waiting too long to act in a deportation case can limit the options available to you. At Immigration Legal Advisors, PLLC, we help Ellicott City residents and their families fight removal through adjustment of status, asylum, and other forms of relief. Contact our Ellicott City, MD deportation defense attorneys or call 571-441-2233 to schedule a consultation.