Deportation Immigration Lawyers in San Jose

Facing deportation can be a very stressful situation, one that can put individuals and their families in a state of shock and panic, leaving one with many unanswered questions. What should I do once I receive a Notice to Appear before an Immigration Judge? What options do I have to protect my rights? Where can I find a reliable immigration attorney to defend me?

At Muston & Jack, P.C. we can answer your questions and provide you the respected legal counsel you desire. Contact us today

It may be possible to obtain immigration relief for you or your relatives through the following processes:

- Cancellation of Removal
- Adjustment of Status
- Asylum
- Withholding of Removal
- Waivers of Inadmissibility

Grounds of Inadmissibility and Deportability

Grounds of inadmissibility provide various reasons why a person may be denied admission into the U.S. or be removed from the country. Grounds of Deportability are reasons by which a person can be removed from the county. Some of the grounds of inadmissibility include health related grounds, such as having a communicable disease or certain mental/physical disorders.

Some other grounds of deportability which exist against persons already admitted to the U.S. include among others, persons who have committed specific crimes including domestic violence and certain drug related crimes, persons violating their non-immigrant visa status, persons who enter into fraudulent marriages for immigration purposes and falsification of documents.

In terms of deportation, aggravated felony crimes have extremely harsh immigration consequences. For example a person convicted of any offense related to controlled substances will be deemed deportable. This area of the law is very technical and an immigration professional should be consulted to understand specific situations and conduct adequate analysis. Feel free to contact us directly to set up a consultation.

Was I ever “admitted” to the U.S.?

The regulatory language considers a person admitted to the U.S. when they have made a lawful entry into the country after inspection, by a Department of Homeland Security officer.

Accordingly, if you entered the U.S. without being inspected at the border, you were never “admitted” for immigration purposes. An example of a person who would be in the U.S. but deemed never to be admitted would include someone who falsely claimed that they were U.S. citizens at the border in order to gain access to entry.

Why does it matter whether I was admitted?

The reason admission is a crucial inquiry in removal proceedings is that when a person was admitted, then the burden of proof at removal proceedings are placed on the Department of Homeland Security to show that the person who was admitted falls under one of the grounds of deportability. On the other hand, a person who was never admitted into the county, e.g. entered by crossing the border without being inspected by an immigration officer, have the burden placed on them to show that they do not fall within one of the grounds of inadmissibility.

Lawful Permanent Residents and Admission Problems

Even lawful permanent residents (LPR’s) must be careful as to the manner in which they enter the country. Although not the general rule, there are certain cases in which an LPR is deemed to be seeking admission to the U.S. when returning from a foreign trip. One such example includes LPR’s who have been outside the U.S. for a continuous period of more than 180 days. Accordingly it is important to be well informed about the immigration requirements even when one is an LPR.

The purpose of the 212(c) waiver is to protect permanent residents from deportation who commited serious crimes in the past and have been put in removal proceedings, but they have rehabilitated and reformed their lives.

The purpose of the 212(i) waiver is to protect individuals from being deported because this would cause an extreme hardship on them and their families.

The purpose of the 212(h) waiver is to protect individuals from being deported because of moral turpitude crimes (except murder or torture), commision of more of one crime, prostitution or a single offense of possesion of up to an ounce of marijuana.

ICE (Immigration and Customs Enforcement) is a Department of Homeland Security agency that investigates, detains, and removes criminal aliens. Being detained by ICE agents can have the consequences of a non-resident alien being placed into deportation procedures. Accordingly, once an individual is detained, getting legal counsel may provide the best opportunity to avoid deportation. Feel free to contact us today for a consultation.

Remember that you have constitutional rights. For example, you have the right to remain silent and do not have to answer any questions or hand any documents to an officer. Also, you have the right to deny an officer entry into your home unless they have a warrant to enter, signed by a judge or magistrate, with your name on it. Officers can not merely start searching through your belongings, you have rights.

You can open and print a card with your rights here. Cut them and carry them in your pocket. If you get detained by an officer, you can give them one.

The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. When a person is in removal proceedings, or gets detained, an immigration bond will be set and the detainee must request an individual hearing in immigration court where the charges will be read and an immigration judge will make a decision based on the merits of the hearing.

The EOIR (Executive Office for Immigration Review) is part of the DOJ (Department of Justice) and they review cases of individuals in removal proceedings. Relief from removal may be granted based on processes such as adjustment of status, cancellation of removal, and waivers of inadmissibility. Eligible individuals may also seek asylum or withholding of removal, among other forms of protection.