Removal Defense Attorney in Indio
If You Are Facing Deportation, Contact Our Team in Palm Desert
In recent days, the threat of removal is becoming a reality for many non-citizens who are currently living in the United States. If you or your loved one is at risk of deportation, the Law Offices of Anastacio De La Cruz can help.
We regularly handle removal cases and are familiar with the laws and court procedures pertaining to these types of matters. When you choose us, our Indio removal defense lawyer can work to find grounds to support your continued residence in the U.S. If removal is inevitable, we can attempt to protect your right to apply for legal re-entry into the country in the future.
Forms of Deportation Relief
If the government determines that you, as a non-U.S. citizen, should be removed from the country, there are several forms of relief that you may be able to apply for. If successful, you will not be required to leave the United States.
Our legal team has years of experience assisting with filing of many types of deportation relief, including:
- Motions to terminate: If you have received a Notice to Appear, you can take action right away to have it terminated, or dismissed. With a motion to terminate, you can request that a court dismiss your case due to the government's charges being substantively or procedurally defective.
- Suppression motions: If immigration officials obtained evidence against you in a manner that violated the U.S. Constitution or other federal laws, you could file a motion to have that evidence excluded. If a judge grants the motion, the government will be prohibited from using that evidence. This could result in a failure to prove their case against you, and thereby a termination of the removal proceedings.
- Cancellation of removal for LPRs: If you are a legal permanent resident (LPR) of the United States, you may be eligible to file for this form of relief. To qualify you must have resided in the U.S. for at least 7 years and been an LPR of the U.S. for at least 5 years. In addition, you cannot have been convicted of an aggravated felony or received cancellation of removal previously.
- Cancellation of removal for non-LPRs: This form of deportation relief is available to certain non-citizens with family in the U.S. If you receive non-LPR cancellation of removal, you will receive a green card. To qualify, you must have, for the past 10 years, been physically present in the U.S. continuously and been a person of good moral character. Also, you must not have been convicted of certain crimes. Finally, if you were to be deported, it would cause severe hardship to your spouse, child, or parent who is an LPR or U.S. citizen.
- Asylum: Some individuals can avoid deportation by demonstrating that they are unable to return to their country of residence due to past persecution or reasonable fear of future persecution based on their religion, race, political opinion, nationality, or membership in a particular social group. If you think you have grounds for filing for asylum, you must do so within 1 year of your entrance into the United States.
- Adjustment for status: For some, the best course of action is to adjust one's immigration status from temporary nonimmigrant to permanent resident before immigration court. The result of this legal action is that you receive a green card, your removal proceeding will be dismissed, and you do not have to leave the country to complete visa processing.
The Law Offices of Anastacio De La Cruz is here to support you during this challenging time. We would love for nothing more than to help establish your right to remain in the U.S. so that you can keep the life you have worked so hard for.
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