Compassionate and determined representation offering success where other attorneys see failure
The term removal refers to the legal process of expelling a foreign national from the country. Deportation cases can be complicated and very emotional for friends and family members. Because there are limited options available to individuals against whom removal proceedings have been initiated, it is essential to immediately seek the skills and experience of an immigration attorney. With determined and tenacious legal representation on your side, the chances of success are far greater than if you go it alone. The Community of Immigration and Naturalization Attorneys (CINA) of Nashville, PC, helps clients find hope in seemingly hopeless situations.
Balancing strategy and creativity to deliver winning solutions in removal and deportation cases
An individual can be removed from the U.S. if he or she is found to be inadmissible or deportable, and each of these terms have complex definitions under federal law. For example, one may be considered inadmissible and ineligible to be in the United States:
|–||On health-related grounds, which includes being infected with certain communicable diseases, lacking vaccinations against preventable diseases, or suffering from mental or physical disorders that may be a danger to others|
|–||On criminal grounds, for example being convicted of one or more “crimes of moral turpitude,” having an aggravated felony conviction, or failing to register as a sex offender|
|–||On security grounds, encompassing behaviors such as espionage, terrorist activity, or membership in a terrorist organization|
|–||On the grounds that given an individual’s age, health, employment, and financial status, he or she is likely to become a drain on public resources|
|–||On account of previous violations of immigration laws, for example lacking the necessary documentation to be present in the U.S., entering the country by fraud or misrepresentation, or having been previously removed from the U.S.|
There are many other reasons why one can be considered deportable and anyone facing this prospect should not proceed without the help of a dedicated immigration attorney.
What are my options if a loved one is facing removal or deportation?
There are a number of options available to those facing removal, for example:
|–||Voluntary departure—If an individual subject to removal agrees to leave the U.S. on his or her own accord, the individual may still be able to legally return to the U.S. This option may be a good choice for certain people.|
|–||Cancellation of removal—The government may cancel removal if a number of circumstances are met pertaining to continuous physical presence in the U.S. and a clear criminal record.|
|–||Adjustment of status—Another option is to seek adjustment of status, which can be achieved by making certain showings with respect to continuous presence in the U.S., moral character and criminal record, and any hardship that others would face as a result of the person’s removal.|
|–||Asylum—Individuals who are granted asylum can avoid removal from the U.S. Achieving this status involves proving actual or potential persecution on the basis of race, religion, nationality, political opinion, or membership in a particular social group.|
|–||Waiver application—A waiver may be available to some individuals that, if granted, will “cure” their ground of inadmissibility or deportablity.|
|–||Prosecutorial Discretion—The Department of Homeland Security has issued several publicized policy memos in the past few years regarding when it is appropriate to not enforce the immigration laws against a person without status. The United States government does not have the funds necessary to deport every undocumented individual; therefore, they have created a priority system. Call CINA to see if you could make a request for prosecutorial discretion.|
|–||Motion to Terminate or Administratively Close your case—In some instances individuals are placed in removal proceedings despite the fact that they have a visa application pending with USCIS. Other times individuals may have a claim to relief with USCIS that cannot move forward without the immigration judge ending their case. Call CINA to determine what type of defense you may have available to being deported.|
|–||Appeal—If the decision you received was unfavorable, you may be eligible to have your case reopened or reconsidered by the immigration judge; or you may also be able to appeal the decision. These decisions are hard to make without speaking to an experienced immigration attorney.|
The above examples are a few defenses to being deported. At CINA we take an individualized look at the facts of your case to determine what is in your best interest, taking into account what you want in life, your budget, and what is the right result given the reality of your life rather than what is on paper.
The highest-risk cases require the highest-caliber immigration firm
The best option for an individual facing removal is very situation specific, and with everything that is at stake in these proceedings, a Tennessee deportation and removal attorney should be consulted. CINA of Nashville, PC, has considerable experience representing individuals and their families in these proceedings, and Managing Attorney Dawn M. Gerhart is an expert in creative strategies and out-of-the-box thinking to fit each client’s specific situation into the existing legal framework.
The removal and deportation process explained by experts in the field of immigration law
Generally speaking, the removal process is initiated when the government serves someone with a Notice to Appear, which includes the alleged violations of law and the time and place of the hearing. The process can move very quickly after this Notice is served, with a hearing held in as little as ten days from receipt of the Notice. An individual may or may not be in custody at the time they are served with the Notice to Appear, and an attorney can help those who are detained seek release on bond while the case is pending.
The removal hearing is held before an immigration judge, where witnesses are called and evidence is presented. As with other hearings and trials before a judge, the processes and procedures are very complicated and can be difficult—if not impossible—for non-attorneys to navigate. Furthermore, it is the responsibility of the person facing deportation to prove to the court that he or she is legally entitled to remain in the U.S., which involves an understanding of complicated laws and legal definitions. The Tennessee deportation lawyers at CINA of Nashville, PC, have helped many prevent removal and deportation—and we have done so where others could not.
Trust us for our pretrial and trial expertise in removal and deportation proceedings—call today!
Contact CINA of Nashville, PC, immediately if you or a loved one are facing removal or deportation. There is much at stake in these proceedings and there are generally no second chances, so it is best to proceed with legal counsel from the outset. Call us at 001 + (615) 324-7757, or toll-free at (877) 381-2814, for a FREE 10 minute phone consultation. Or, those in the Nashville area can come by our office to schedule an appointment. We are located at 2500 21st Avenue, conveniently off I-440, with plenty of parking for clients. At CINA of Nashville, PC, we take the necessary time to get to know you and your family so that we can better serve your immigration needs. Hablamos Español.