Deportation & Removal Defense

Deportation & Removal Defense Lawyer in Alexandria, VA

Getting into legal trouble can be a stressful experience. When the legal matter concerns the risk of deportation, talking to an attorney is essential as an urgent situation that should not be ignored. 

Immigration is one of the most sophisticated areas of law and is hard to understand. Many people are at risk of being deported, and making sense of their situation and figuring out their rights can be tough. 

Talking to our Alexandria deportation and removal lawyer at Mughal Law Firm early on is vital to protect your rights and find the best solution to your case. Our firm is exclusively devoted to U.S. immigration law. With Attorney Mughal on your side, you can increase your chances of getting the best possible outcome.

Schedule a consultation with our Alexandria deportation and removal attorney by contacting us online or at (703) 520-7571. Serving clients in Fairfax County, Arlington County, Northern Virginia, and nationwide.

Removal from the United States

Deportation, also known as removal, is the legal process of ordering a person who has no legal immigration status to leave the U.S. and go back to their home country. This includes people who do not have a valid green card, have unlawfully entered the country, or have committed other violations to break immigration laws. 

However, even those with legal status can face deportation if documents or processing issues occur. Because various ways to run the risk of deportation exist, it is critical to understand how it can happen, what to expect if confronted with the issue, and what you can do about it.

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Common Reasons for Deportation

Deportation or removal can be initiated against non-citizens for various reasons including, but not limited to:

  • Illegal entry: Entering the U.S. without proper authorization or inspection.
  • Visa violations: Overstaying a visa or violating the terms of a visa.
  • Criminal convictions: Committing crimes considered grounds for deportation, such as aggravated felonies or crimes involving moral turpitude. This category includes serious crimes like drug trafficking, murder, fraud, and certain theft or violent offenses.
  • Failure to update address: Non-citizens must inform USCIS of address changes within 10 days. Failure to comply can be grounds for removal.
  • Public charge: If a non-citizen becomes dependent on government assistance for support due to a lack of means to provide for themselves, they can be deemed a "public charge" and subject to deportation.
  • Fraudulent marriage: Marriages entered into to evade U.S. immigration laws are considered fraudulent and can lead to deportation.
  • Security and related grounds: These include activities that threaten the security of the United States, such as involvement in terrorist activities or espionage.
  • Unlawful voting: Non-citizens who vote in elections that require participants to be U.S. citizens can be deported.

Helping Unite Families Since 2013

Why Choose Mughal Law Firm?
  • Client Centered Approach
    Our solutions are tailored to your specific objectives and needs.
  • Providing Service in Spanish
    Immigration help provided by a Spanish-speaking team.
  • We Only Handle Immigration
    We're exclusively focused on handling immigration cases.
  • Virtual Consultation Available
    Meet with our immigration lawyers during a virtual consultation!

The Removal Process

The removal process involves several steps designed to ensure legal procedures are followed. It generally starts with the U.S. Department of Homeland Security issuing the non-citizen a Notice to Appear (NTA). This document outlines the reasons for deportation and schedules a hearing before an immigration judge.

At the hearing, you can contest the removal, apply for relief from removal, or request voluntary departure under certain conditions. The immigration judge will then decide based on the evidence presented. 

If the judge orders removal, you can appeal the decision within a specified period. Failure to appeal, or an unsuccessful appeal, results in the enforcement of the removal order and your deportation.

The complexity of the removal process demands skilled legal representation. Our competent lawyer can help navigate the proceedings, argue for relief measures, and potentially prevent removal.

Deportation Defenses

Cancellation of Removal

Cancellation of removal is a statutory remedy granted to you by an immigration judge. To qualify, you must prove the following to the immigration judge:

  • You have 10 years of continual presence in the U.S. This means you did not leave and were not served an NTA during those 10 years. 
  • You have good moral character. This means you have not been arrested for fraud, theft, or any other crime that makes you appear to be immoral.
  • You have a U.S. citizen or Permanent Resident parent, spouse, or child who would face extreme harm if you were deported. This is the most difficult of the four to prove; however, if you have this immediate relative, we can advise you on how to satisfy this requirement.
  • You can show why you should be granted cancellation. For example, proof could consist of showing that you are a positive influence on the community, a business owner, a family person, a donor to charity, paying taxes, or a volunteer.

If you meet all four qualifications, you may petition the court for cancellation and receive a green card from the immigration court.

Adjustment of Status Defense

If you are admissible to the U.S. through a spouse without an illegal entry and therefore qualify for an I-130 and I-485 but find yourself in immigration proceedings, you can still adjust your status with an I-130 Petition. 

The only difference is that you must file and prove your petition before the immigration court. This involves filing the paperwork with the court and both you and your spouse testifying to your marriage in court. 

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