Immigration Attorney for Deportation | The Law Office of Irene Mugambi
If you are in fear of deportation, there may be ways for you to avoid leaving what you have here in the U.S. With the help of a skilled deportation lawyer, you can fight against deportation actions.
At the Law Office of Irene Mugambi, we will do everything in our power to fight back and prevent your removal.
Irene Mugambi is a skilled deportation lawyer who has been helping foreign nationals attain immigration status for more than a decade. To schedule a consultation and find out if a lawyer can stop deportation for you, call our Dallas office at 214-504-1137 or fill out the form on our site and we’ll be in touch soon.
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Protect Your Right to Remain. Dedicated to Defending Immigrants in Crisis
If you fear deportation, don’t wait. We defend your right to stay in the U.S. and work tirelessly to protect your future and your family.
Avoiding Removal
Removal, a process that is commonly called “deportation,” is a serious order by the federal government challenging the validity of your immigration status. The process usually begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA), Form I-862.
If you receive a NTA document, it means you have been cited with a violation of your immigration status. When you receive this, you must appear at a removal hearing and know how to plead your case.
Before removal proceedings, you will need an excellent deportation lawyer to present your case for relief before an immigration judge.
Can A Lawyer Stop Deportation?
An experienced immigration attorney for deportation will use several relief strategies to prevent your removal.
Cancellation Of Removal
Cancellation of Removal is another form of relief from removal that may be available to you. The requirements differ for non-permanent and permanent residents, so be sure to contact an experienced attorney to discuss all your available options.
File a Motion to Terminate Your Removal
A motion to terminate your removal asks the immigration judge to dismiss deportation proceedings. This happens when the government fails to meet its legal burden.
Your attorney might file this motion if:
- The Notice to Appear was not properly served or contained legal inaccuracies.
- The government lacks jurisdiction over your case.
- The charges against you are legally insufficient.
- The NTA was filed without a specific date and time
Requests For Asylum
If you are a foreign national visitor or temporary resident in fear of returning to your home country due to potential persecution, an immigration attorney for deportation may help you request for asylum in the U.S.
Important facts you should know about eligibility of asylum:
- You have a credible fear of persecution because of your race, nationality, religion, membership in a particular social group, or for your political opinions.
- If eligible for asylum, you are permitted to remain in the U.S., indefinitely
- You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
- You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are certain changed circumstances.
Please note, Withholding of Removal is still available to you as well if you are filing after being in the country for more than one year.
Get Trusted Legal Guidance
Cancellation Of Removal
Cancellation of removal is another form of relief from removal that may be available to you. The requirements depend on your current immigration status:
For Lawful Permanent Residents
You may qualify if you:
- Have been a lawful permanent resident of the United States for at least 5 years.
- Have resided continuously in the United States for at least 7 years.
- Have not been convicted of an aggravated felony.
For Non-Green Card Holders
You may qualify if you:
- Have been continuously present in the United States for at least 10 years.
- Have been a person of good moral character during your stay in the U.S.
- Have not been convicted of certain disqualifying crimes.
- Can prove that your removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or green card-holding spouse, parent, or child.
File a Motion to Reopen Your Case
If you already have a removal order, an immigration attorney for deportation may request a motion to reopen your case. They can ask the judge to restart your case based on new facts. You might file this if you were never notified of your hearing, if new evidence emerges, or if country conditions back home drastically change.
Apply for Adjustment of Status
Depending on your circumstances, you may become eligible for a green card through a family member or employer through adjustment of status. While your case is pending, an immigration attorney for deportation may be able to file Form I-485 directly in immigration court. The immigration judge can grant you a green card and terminate your removal proceedings in the same hearing.
Request Prosecutorial Discretion
Immigration and Customs Enforcement (ICE) has the authority to exercise prosecutorial discretion. This means ICE can choose to administratively close or dismiss a removal case.
ICE often prioritizes enforcement against individuals with serious criminal histories. If you have deep community ties, no criminal history, and U.S. citizen family members, an aggressive immigration attorney for deportation can negotiate with ICE to close your case.
Petition for Habeas Corpus
Habeas corpus, often referred to as the “writ of habeas corpus,” is a legal action or order that allows individuals detained by authorities to challenge the legality of their detention or imprisonment. By filing a habeas corpus petition, the detained individual is requesting that a federal court review the circumstances of their detention and determine whether it complies with the law.
This may apply if you are held without a bond hearing or if the government violates your right to due process. If you are detained and believe your detention is unlawful, an immigration attorney for deportation can help you file a petition for habeas corpus in a federal district court.
Ask for Voluntary Departure
If you have exhausted all legal options, you can ask for a voluntary departure to avoid a formal removal order. However, a formal deportation order carries a 10-year bar on returning to the U.S. and other severe consequences. With voluntary departure, you agree to leave the country on your own terms within a set period. This preserves your ability to apply for U.S. visas in the future. se to administratively close or dismiss a removal case.
ICE often prioritizes enforcement against individuals with serious criminal histories. If you have deep community ties, no criminal history, and U.S. citizen family members, an aggressive immigration attorney for deportation can negotiate with ICE to close your case.
Choosing An Immigration
Attorney for Deportation
The Law Office of Irene Mugambi has more than a decade of experience working on various immigration issues. If you need a deportation lawyer, you may request a consultation or call 214-504-1137.
