San Diego, California Deportation Lawyers

If living and working in America is a dream for a foreign national, then deportation orders are certainly a nightmare. Whether you are facing a deportation hearing because you are in the country illegally, or whether you are being deported because you violated the terms of your visa or green card, you may need the assistance of an experienced attorney to ensure the best outcome for you and your family.

At Feldman Feldman & Associates, we are committed to helping immigrants with their legal issues, whether they are applying for entry or whether they are facing deportation. Every case is meaningful to us, and we work hard to find resolutions for all of our clients. If you are facing deportation, you should know that you still have rights and legal options. Contact our office today to speak with an immigration attorney and get help with your case.

Grounds for Deportation in the United States

Anyone who is not a United States citizen can be deported. According to the U.S. Immigration and Nationality Act, foreign citizens can be deported for the following reasons:

  • A person is in the country illegally (without a visa or green card).
  • A person remains in the country after their visa has expired.
  • A person remains in the country after their green card was terminated.
  • A person used fraud to obtain their visa, citizenship, or green card (such as marriage fraud).
  • A person violates the terms of their visa or green card.
  • A person fails to notify immigration authorities of a change of address.
  • A person falsely represents themselves as a U.S. citizen.
  • A person helps smuggle an illegal immigrant into the United States within five years of the date of any U.S. entry.
  • A person is convicted of a crime of moral turpitude, such as violent crime, kidnapping, theft, fraud, or conspiracy.
  • A person violates certain terms of a protection order.
  • A person fails to register as a sex offender.
  • A person violates the Military Selective Service Act or the Trading With the Enemy Act.
  • A person is engaged in spying, terrorism, or any threat to national security.
  • A person becomes dependent on the government within five years of entry.

A U.S. citizen can only be deported if authorities can prove that they committed fraud while obtaining their green card or their citizenship.

Deportation Hearings & Removal Proceedings

The removal process is initiated when the Department of Homeland Security issues a Notice to Appear (NTA). This document will list your personal information along with the reason you are being asked to appear, how you violated the law, and the consequences of not attending the hearing. The letter will also state that you have the right to an attorney at the hearing.

During removal proceedings, your case will be heard by an immigration judge. An Immigration and Customs Enforcement (ICE) attorney will argue the opposing side of your case, while your lawyer will argue your side of the case. There are four likely outcomes of this hearing:

  • The judge will terminate removal proceedings.
  • The judge will provide relief from removal.
  • The judge will offer voluntary departure.
  • The judge will order the deportation.

An attorney will not be provided to the immigrant if he or she does not provide counsel.

Get Help From A California Deportation Lawyer

A San Diego removal defense attorney can help you understand the law, understand your case, and help you plan a course of action. Contact Feldman Feldman & Associates today to speak with an experienced immigration attorney about your possible deportation case and get your questions answered. We can protect your rights and maximize that chance that you can stay in or return to the United States.