Deportation/Removal Defense

Deportation and removal are frightening situations and usually begin when a non-citizen is caught in the U.S. without proper documents, is alleged to have violated the terms of their green card or visa, or is alleged to have committed a crime. The U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS), may arrest you and then begin immigration removal proceedings due to many reasons including status violation, criminal conviction, or unlawful entry. Unfortunately, arrest from even minor violations like driving without a license, leading to deportation proceed is becoming all too common.

Following an arrest, the immigrant will likely be served with a Notice to Appear (NTA) from ICE explaining why he/she is being ordered to appear in court. While he/she have a right to have an attorney represent them in court, immigrants are not provided one and have to hire their own.

During removal proceedings, the case will be presided by and determined by a judge who will hear arguments from the immigrant or their immigration attorney and the U.S. Immigration Services. There are several types of relief from removal that may allow the immigrant to stay in the United States. Monteiro & Fishman LLP works quickly preserve all rights and present the very best case possible to achieve a desirable outcome. The following are examples of the applications Monteiro & Fishman LLP file when defending against removal and deportation:

  • Cancellation of removal for permanent residents (“green card holders”) and non-permanent residents
  • Bond and detention hearings
  • Hardship waivers of inadmissibility and removability for grounds including certain crimes and fraud/misrepresentation
  • Form I-751 Petitions to remove conditions on permanent resident status (“green card”)
  • Adjustment of status to permanent resident (“green card”) based on family and employment
  • Asylum, Withholding of Removal, and protection under the UN Convention Against Torture
  • Temporary Protected Status (TPS)
  • U visas for victims of certain crimes
  • Prosecutorial Discretion and Administrative Closure
  • Motions to Reopen, Reconsider, and Remand Immigration Court Cases