Few things are more frightening than facing the prospect of being deported from the United States. Unfortunately, this happens to thousands of immigrants every single year. If you’re currently at risk of being deported, whether on a technicality, due to a criminal charge, or otherwise, our firm is here to help. Contact a seasoned Montgomery County deportation defense lawyer from Cohen & Patel today so we can get started working on your case.
Deportation Defense Lawyer | Representing Clients in PA & All 50 States
You’ve worked hard to build your life here in the United States, and now you’re facing the prospect of deportation. The smartest choice you can make at this point is to retain the services of a knowledgeable, skilled, and aggressive Montgomery County immigration lawyer who can defend you and your right to continue to live and work here in the United States. Our firm is here to help.
Common Reasons for Deportation
One of the most common reasons for deportation from the United States is committing what’s known as a crime of “moral turpitude,” which can include felonies and certain misdemeanors. That said, some other common reasons for deportation are as follows:
- Visa violations, such as overstaying the authorized period on a visa
- Committing an act of fraud or misrepresentation on applications or during interviews
- Entering the country unlawfully
- Becoming a public charge
- Failing to attend immigration hearings
- Participating in marriage fraud
- Violating removal orders
Best Defenses Against Deportation Proceedings
Of course, the most viable defense in your case will depend largely on your specific circumstances, but some of the most common defenses against deportation from the United States are as follows:
- Apply or reapply for a green card with a 212 (h) waiver: This is a form of legal forgiveness that can waive some crimes of moral turpitude, which are grounds for deportation.
- Claim asylum, withholding of removal, or protection under the Convention Against Torture: These are forms of relief that can prevent deportation if you fear persecution or torture in your home country.
- Seek cancellation of removal: This is a discretionary remedy that can stop deportation if you meet certain criteria, such as having a long-term residence, good moral character, and hardship to yourself or your family.
- Adjust your status to a nonimmigrant visa: This is a way to change your immigration status to a temporary one, such as a student, tourist, or work visa, if you are eligible and have a valid reason.
- Apply for a U visa or T visa: These are special visas for victims of certain crimes or human trafficking who cooperate with law enforcement and meet other requirements.
Importantly, you should never face deportation proceedings without a competent Montgomery County deportation defense lawyer in your corner. Cohen & Patel is here to fight for you today.
Criminal Immigration Defense Services
The interplay between criminal law and immigration law in the United States can be complicated, and the consequences for immigrants with criminal convictions can be severe. Not all criminal convictions result in deportation, but some can trigger removal proceedings. An experienced Pennsylvania immigration lawyer can play a crucial role in navigating these complex legal intersections.
To start, you should understand that there are several categories of crimes that can make a non-citizen deportable. They are as follows:
- Aggravated Felonies: This category includes offenses like murder, rape, drug trafficking, and certain types of theft or violent crimes with a sentence of at least one year.
- Crimes of Moral Turpitude: These are crimes that reflect conduct that is contrary to community standards of justice, honesty, and morality. Examples might include fraud, theft, certain assault offenses, or offenses with intent to harm persons or things.
- Drug Offenses: Almost any drug conviction can render a non-citizen deportable, with the exception of a single offense of possession for personal use of 30 grams or less of marijuana.
- Firearm Offenses: Any violation related to the purchase, sale, possession, or carrying of a firearm can result in deportation.
- Domestic Violence Crimes: Crimes like domestic violence, child abuse, and stalking are deportable offenses.
It’s essential to note that even minor crimes that may seem inconsequential can have severe immigration consequences. That said, if you’re currently facing deportation from the United States, a deportation defense lawyer can prove to be invaluable. Some of the ways in which Cohen & Patel can help you are as follows:
- Advising on Potential Consequences: Before pleading guilty to any charges, it’s crucial to understand the immigration repercussions. An immigration lawyer can advise on how a particular plea or conviction might affect an immigrant’s status.
- Post-Conviction Relief: If an immigrant has already been convicted of a crime, a lawyer might be able to seek post-conviction relief, like vacating the conviction, if it was based on faulty legal advice or other valid grounds.
- Defense in Removal Proceedings: If an immigrant is placed in removal proceedings due to a criminal conviction, a lawyer can argue for relief from removal based on various grounds like hardship, family ties, or other favorable factors.
For those non-citizens facing deportation from the United States due to inadmissibility grounds, there may be hope in the form of “bar waivers.” These waivers essentially request forgiveness or a second chance, allowing the person to remain in the U.S. despite certain grounds of inadmissibility. Some of the waivers that can potentially help a person facing deportation from the United States are as follows:
- Waiver for Criminal Grounds: If a non-citizen is found inadmissible due to a criminal conviction, they may seek a waiver based on the argument that they have been rehabilitated, or that their deportation would cause extreme hardship to a U.S. citizen or permanent resident family member.
- Waiver for Unlawful Presence: Those who have accumulated unlawful presence in the U.S. and then depart might be barred from returning for several years. However, they can apply for a waiver based on the hardship their absence would cause to a U.S. citizen or permanent resident family member.
- Other Grounds: There are waivers available for other grounds of inadmissibility, like health-related grounds, misrepresentation, or previous removals. The eligibility and requirements vary for each.
A skilled Montgomery County immigration lawyer can assess an individual’s situation, determine the potential grounds of inadmissibility, and guide them through the waiver application process. Securing a waiver can be the difference between deportation and being able to stay in the U.S. with loved ones.
Contact a Pennsylvania Deportation Defense Lawyer Today
Here at Cohen & Patel, we believe that everyone deserves a shot at the American Dream, and if removal proceedings are currently getting in your way of achieving it, we are here to help. Our firm proudly represents clients facing immigration matters throughout the United States and in all of Pennsylvania, including in East Norriton, Norristown, Allentown, Lancaster, Bensalem, Easton, Levittown, Bethlehem, Erie, Mechanicsburg, Chester, Harrisburg, and more. Contact us today.