Immigration Court & Deportation Defense

What is Removal?

Removal, or more commonly known as deportation, occurs when the Department of Homeland Security (DHS) seeks to deport non-US citizens they believe are not allowed to remain in the United States (US). Removal proceedings are administrative law hearings conducted by immigration courts across the country to determine whether certain non-US citizens are to be deported from the US.  This proceeding is usually the primary and sole procedure for determining whether a non-US citizen is inadmissible, deportable, or eligible for relief from removal.

Removal proceedings start when DHS serves a Notice to Appear (NTA) on an individual, stating why a non-US citizen should be deported from the US. There are many reasons why an immigrant may be deportable and anyone who is in violation of the terms of his visa is at risk deportation. In addition, immigrants who commit crimes in the US face the possibility of deportation.

What do I do if I have an NTA?

To the extent possible, it is best to consult with an attorney and get advice before receiving a Notice to Appear.  Our ability to defend you is greatly improved if you understand your rights and don’t provide DHS with information that they will use against you. If you have already been given an NTA, it is even more important to understand the process, your rights, and whether you are eligible to apply for relief or have a defense to removal. In too many cases, immigrants give up their rights by not seeking good legal advice as quickly as possible and, unfortunately, the failing to do so may truly be life-threatening.

What are some defenses to deportation?

Defenses to deportation are called forms of relief. Some of the most common forms of relief from removal are:

  • Cancellation of Removal: To be eligible for cancellation of removal, an immigrant must show that he has at 10 years of continuous physical presence in the US; is a person of good moral character during that time; has no disqualifying criminal offenses; and can demonstrate an exceptional and extremely unusual hardship to a US citizen or Lawful Permanent Resident spouse, parent, or child. If the immigrant is a lawful permanent resident and is placed in removal proceedings, the requirements are slightly different.
  • Apply for Asylum
  • Adjust your status through a spouse, child, or employer.
  • Apply for DACA
  • Apply for a waiver which asks DHS to forgive certain criminal grounds of removal, prior misrepresentations to immigration authorities, health related grounds and more.

What if I’m in custody at the GEO detention facility?

If you need a consultation and are in custody at the GEO detention facility in Aurora, Colorado, we will come to you to discuss your situation. Because these consults take longer than our in-office consults, they do cost a bit more money. However, just like an in-office consult, you’ll know what options for relief you have available to you.  Because of the unique nature of deportation defense, our fees are charged hourly rather than a flat rate.

Contact us to learn more about how we can help you.

 

 

Swenson Law Office, PC

5161 E. Arapahoe Rd.,  Suite 120

Centennial,

CO

80122

720.414.2027