Skilled Cleveland Defense For Deportation And Cancellation Of Removal
Last updated on January 13, 2025
Being faced with deportation (also referred to as removal) is stressful and serious, but there are ways to fight removal. If you or a family member is facing deportation in Ohio, you need the help of the dedicated attorneys at Bartell, Georgalas & Juarez, L.P.A. Co., to pursue cancellation of removal.
If you or a loved one faces removal, it is important to address the situation in a timely manner and present a strong case to the immigration judge reviewing your case. Once a person is deported (or removed), their visa is cancelled and cannot be reinstated. For those with green cards, being deported means that the person is no longer a lawful resident of the United States.
Why Do People Get Removed?
A criminal conviction for any number of crimes is grounds for deportation. Those crimes include:
- Murder
- Drug offenses
- Illegal firearms
- Other serious crimes
People can also be deported for moral turpitude, which encompasses crimes like domestic violence and child abuse. Finally, individuals who are found to be in the United States illegally can be deported.
People who are in the United States illegally can be sent back to their home country without a hearing. Those with visas and green cards can apply for cancellation of removal, a process where you go before an immigration judge to ask that your status be changed from deportable alien to lawfully admitted for permanent residence.
There are different eligibility requirements depending on whether you are a permanent or nonpermanent resident of the United States. An experienced immigration attorney will be able to explain how the process works and help you prepare your case. Because the attorneys at Bartell, Georgalas & Juarez, L.P.A. Co. also practice criminal law in Ohio, they are well prepared to assist you with cancellation of removal.
Understanding The Deportation Process
The deportation process involves several steps to determine whether a noncitizen must leave the country:
- Administrative proceedings: Apprehended noncitizens must undergo an administrative hearing before an immigration judge. This proceeding allows them to present evidence and arguments regarding their case.
- Judge’s decision: The immigration judge decides whether the noncitizen can remain in the country or if deportation will proceed.
- Issuance of a removal order: If the judge rules in favor of deportation, a removal order is issued. U.S. Immigration and Customs Enforcement (ICE) enforce the decision, seeing that the noncitizen departs the country.
- Voluntary departure option: In some cases, noncitizens may be able to leave the U.S. voluntarily at their own expense before the removal order is enforced. This often carries fewer long-term consequences than formal deportation.
Understanding these steps is critical for anyone facing deportation.
How An Attorney Can Help Fight Deportation
Facing deportation can be overwhelming, but an experienced attorney can explore various strategies to help you remain in the United States. These options include:
- Filing for asylum: If you face persecution in your home country due to race, religion, nationality, political opinion or social group, our attorneys can help you apply for asylum.
- Cancellation of removal: Long-term residents who meet specific criteria, such as continuous residence and good moral character, may be able to cancel deportation.
- Adjustment of status: If you are eligible for a green card, our lawyers can assist in applying for one to adjust your immigration status.
- Challenging removal grounds: Our Ohio deportation defense attorneys can argue against the legal basis for deportation, showing that charges are incorrect or unfounded.
- Prosecutorial discretion: We can petition ICE to use discretion to close or terminate proceedings.
- Temporary protected status (TPS): If conditions in your home country qualify, TPS may offer temporary relief.
- Visas for crime victims: U and T visas protect victims of crimes or human trafficking.
- Appeals and stays: Our lawyers can appeal unfavorable decisions or seek stays of removal while pursuing relief.
In most cases, legal guidance can lead to a more positive outcome amid deportation concerns.
Our Cleveland Immigration Firm Can Help You Qualify For Cancellation Of Removal
It is up to you and your attorney to prove that you are eligible for cancellation of removal. There are certain conditions that apply. For example, have you been living in the United States for at least 10 years? Would your deportation (removal) cause undue hardship to relatives living in the United States? Can you show that you are a person of good moral character?
Going to court and appearing before a judge can be intimidating. Having an attorney by your side means you don’t have to face the judge alone. Working with an attorney also means you will have help gathering appropriate documentation and advice and preparation for answering questions the judge will ask.
Because removal carries such serious consequences, the stakes are high and you want to do everything possible to increase your chances of getting the desired outcome. Our experienced immigration attorneys will be with you every step of the way, making sure you understand the proceedings and guiding you through the process. You can call us around the clock at 216-777-4181, or you can get in touch with us using this email form.