Los Angeles Deportation Lawyer
Immigrants in the U.S. without lawful status may find themselves facing deportation. Sometimes even people with lawful permanent resident status could find themselves defending against deportation. Immigration law is extremely complex and continuously changing. Individuals facing deportation or removal have the right to protect and defend themselves and we have multiple options for defending against deportation.
Certain foreign nationals may qualify for asylum/refugee depending on where they are at the time of their application. If an immigrant files while in the U.S. and granted asylum, he/she is called an asylee. If an immigrant files while outside the U.S., he/she is called a refugee. Sometimes the best defense in removal proceedings is a Cancellation of Removal. There are a number of qualifying situations for this deportation defense and we will be happy to discuss them with you.
Are you worried about a criminal conviction?
At Bailey Immigration our lawyers in Newport Beach, Los Angeles, and Beaverton will work hard to make sure you understand how a criminal conviction will affect your immigration status. We will also be diligent and aggressive to get any criminal charges either to be dismissed or reduced. Our immigration law firm has extensive experience which gives us a special advantage as we know how the government will be handling your immigration case.
Contact an Oregon or California deportation attorney from our firm by calling (866) 521-6422.
Frequent Questions About Deportation
Q. What is a deportable crime?
A. Some simple misdemeanors, with no jail time are deportable offenses.
Q. How long does a deportation proceeding last?
A. It depends. The length of the deportation proceedings can last from several months if the immigrant is in custody, to several years if the immigrant is out of custody.
Q. Can an immigrant leave the U.S. while in deportation proceedings?
A. In most cases an immigrant may not leave the U.S. while in deportation proceeding.
Q. If a judge orders deportation (removal from the U.S.) does the immigrant have to leave the country immediately?
A. After a judge orders deportation, the immigrant has 30 days to appeal the deportation order. If the immigrant decides not to appeal, then the INS will notify the immigrant to come to the deportation center at a given date and he/she will be deported then.
Q. Can a Legal Permanent Resident work while in deportation proceedings?
A. Yes. If the Legal Permanent Resident has applied for a relief, he/she can still work while in deportation proceedings.
Q. Can a non-permanent resident with a work authorization card work while in deportation proceedings?
A. Yes. If the non-permanent resident has applied for a relief, he/she can still work while in deportation proceedings.
Cancellation of Removal (Legal Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the following:
- legal permanent resident for at least five years
- continuous resident of the U.S. for at least seven years
- never been convicted of an aggravated felony, and is not a security risk to the United States.
Section 212(C) Waiver of Deportation (Legal Permanent Residents)
Parents of a U.S. Citizen, if the Citizen Child is at least 21.
A parent of a U.S. citizen, who is at least 21, qualifies as an “Immediate Relative” and can apply for a green card immediately. After submitting the application, the whole process usually takes about one year. There is no quota for this type of visa.
Parents of a U.S. Citizen who is under 21.
Does not qualify for an Immigrant visa (green card).
Parents of a Legal Permanent Resident.
Does not qualify for an Immigrant visa (green card).
Cancellation of Removal (Non Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the following:
- physical presence in the U.S. for a continuous period of ten years prior to the removal hearings
- good moral character for ten years
- not a security risk to the U.S., nor deportable under criminal grounds or marriage fraud or failure to register and falsification of documents, and
- the removal would result in extremely unusual hardship to the spouse, parent, or child who is a U.S. citizen or a legal permanent resident.
Violence Against Women Act (VAWA)
The Violence Against Women Act provides increased protection for immigrant women and children who are victims of domestic abuse by allowing them to remain in the U.S. This act relaxed certain standards of cancellation of removal for battered immigrant women who are the spouses of a U.S. citizen or legal permanent resident. For example, the amount of time required for being physically present in the U.S. was reduced to three years. Furthermore, it allows immigrant women to get a green card even if they divorced their abusing spouse without satisfying the 2 years conditional period requirement.
Adjustment of Status
An immigrant may avoid deportation by applying for an adjustment of status. A deportable immigrant who is the child, parent, spouse, or widow of a U.S. citizen may be eligible to apply to the judge to adjust his or her status to that of a legal permanent resident. An immigrant whose priority dates for permanent residence are current may also receive an adjustment of status. A spouse or child of the principal asylee may adjust to permanent residence status at the same time as the asylee, unless the asylee becomes divorced before final adjustment or the child becomes 21. But they retain their status as asylees. An immigrant who has an approved labor certification may adjust their status to that of legal permanent resident.