Deportation Defense in Fort Lauderdale
Selected for Removal from This Country? Call (954) 466-0323.
Choosing the right attorney to fight for you or a family member in a deportation case is vital. The attorney must have a solid understanding of both criminal defense and immigration law, and should sincerely understand what a stressful and frightening this situation may be for you and your family. Come to Guerra Sáenz, PL, where you can find help from an experienced immigration attorney who has personally been threatened with removal, and who has successfully defended many others in your position.
Why Choose Our Deportation Defense Lawyer?
- He was an immigrant to the U.S. who once faced deportation
- 1,000+ immigration and criminal cases handled
- Board Certified expert in immigration law (true of only 6% of Florida lawyers)
- Top-rated by clients and the legal community
You could work with an attorney who was an immigrant previously targeted by deportation proceedings, someone who knows how much is at stake in this situation. He is a native Spanish speaker and is Board Certified in Immigration Nationality Law, an expert from both personal experiences and from high-level training who can help you defend your rights in a removal hearing.
Statistics About Deportation
Immigration and Customs Enforcement reports that they carried out a total of 284,172 deportations in 2012, while in recent years this figure has often reached nearly 400,000. According to statistics provided by the Department of Homeland Security, 54.6% of removals were carried out against criminal offenders, followed by repeat immigration violators (19.6%), removals at the border (11.6%), and immigration fugitives (4.7%). Other removable aliens constituted 9.5% of deportations, such as those who have entered the country illegally or who have committed marriage fraud as a means of family-based immigration.
Grounds for Deportation and Inadmissibility
In the United States, the grounds for removal are covered under Grounds for Inadmissibility and Grounds for Deportation in the U.S. Immigration and Nationality Act (INA). There are numerous grounds under each category and a number of the grounds are included in both categories. With the grounds of inadmissibility section, this is for people who are seeking to enter into the United States but have not yet been admitted. With the grounds for deportation section, this refers to aliens that have already been admitted into the U.S. and are physically present, yet are facing deportation based on violating one or more laws. While there are a number of grounds for inadmissibility and deportation, some of the common grounds are included below:
Grounds for Inadmissibility
- Health-related grounds
- Not having the required vaccinations
- Having a physical or mental disorder
- Controlled substances violations
- Crimes involving moral turpitude
- Security grounds
- Multiple criminal convictions
- Prostitution (within 10 years)
- Terrorist activities
- Foreign policy
- Membership in the Nazi party
- Illegal entrants and violators
- Failure to have proper documentation
- Aliens unlawfully present after prior immigration violations
- Failure to attend removal proceedings
Grounds for Deportation
- Inadmissible alien at the time of entry
- Currently in violation of the INA, or any other U.S. law, or whose nonimmigrant visa is revoked
- An alien who has violated their condition of entry or nonimmigrant status
- Nonimmigrant status violators
- Aliens who have failed to comply with conditions set by the Secretary of Health and Human Services
- Aliens whose conditional permanent resident status has been terminated
- Smuggling other aliens into the U.S. within 5 years of entry
- Crimes of moral turpitude
- Multiple criminal convictions
- Convictions for aggravated felonies after admission
- Convictions for high-speed flight
- Certain controlled substances violations
- Certain firearm offenses
- Crimes including domestic violence, stalking, violation of protection orders, and crimes against children
- Unlawful voters
- Fraudulent documents
- Falsely claiming citizenship
Deportation Defense Strategies
Don't give up hope of preventing an impending removal—there are several possible courses of action that we may be able to use to defend your right to stay in the United States. Learn more when you contact our immigration firm today!
Cancellation of Removal
Provided that you have been lawfully admitted for permanent residence for at least five years, have been in this country continually for seven years under any status, and have not been convicted of an aggravated felony, you may be able to petition the Attorney General to cancel your removal from the country. Alternatively, you could petition for Cancellation of Removal if you have lived here for at least ten years, can demonstrate that you have been a person of good moral character, have not been convicted of certain crimes, and can show that being deported would cause family members who are citizens or green card holders to suffer "exceptional and extremely unusual hardship."
Asylum and Withholding of Removal
You may be able to avoid being deported if you can secure asylum status, which is provided to those who have either suffered persecution in their home country or who fear that they will suffer persecution on the grounds of their race, religion, nationality, membership in a social group, or political opinions.
NACARA Section 203
Section 203 of the Nicaraguan Adjustment and Central American Relief Act makes it possible for you to secure a green card and be protected from deportation if you are a qualifying individual from Guatemala, El Salvador, or the countries of the former Soviet bloc. This also applies to certain family members and to some people who have been battered or abused by U.S. citizens, green card holders or some beneficiaries of NACARA 203.
If you can meet certain requirements, including having come to this country before your sixteenth birthday, having been here for at least five years before June 15, 2012, currently receiving an education or having earned a high school diploma or GED, or being an honorably discharged veteran of the Armed Forces or Coast Guard, not having been convicted of a felony or significant or repeat misdemeanor offenses, and not being older than thirty years of age, you can apply for deferred action. It does not grant you lawful permanent resident status but essentially delays or sets aside your removal as being of low-priority, though it does make it possible to secure employment authorization.
Adjustment of Status in Court
It is possible to file a petition for Adjustment of Status after you have been notified of impending deportation, but it is vital to take immediate action as this route can take some time.
Waivers of Inadmissibility and Deportability
The Immigration and Nationality Act makes it possible for you to request a waiver of inadmissibility or deportability under certain circumstances, such as if your removal would cause extreme hardship to a relative. This type of relief is frequently sought in conjunction with the Adjustment of Status.
Let Us Fight for You! Call (954) 466-0323 Today
Contact our Fort Lauderdale firm immediately for an initial consultation to discuss your situation and learn about strategies that may apply in your case. Depending on the circumstances, we may be able not only to prevent your removal but even to secure your status as a lawful permanent resident. Contact Guerra Sáenz, PL today for trusted legal answers!