Houston Deportation Lawyers
Those who are not citizens of the United States may have concerns about being deported under certain circumstances. Deportation is a legal process where the government attempts to remove a person they believe is in the United States unlawfully. These processes are handled in an immigration court system that is run by the federal government rather than the states because the U.S. Constitution provides that the federal government has jurisdiction over all immigration matters. However, those who are subject to deportation proceedings have certain rights available, such as the right to legal counsel (not at the government’s expense) and an explanation of the charges against them, and it is important to realize that the government can sometimes be defeated or mistaken in these cases.
The Fonseca Law Firm is a trusted immigration practice that can provide more information about deportation and related matters in the Houston area. Call 713-534-2873 to schedule a consultation.
Here is an overview of deportation proceedings and how Houston deportation lawyers can assist those with these kinds of legal issues. Anyone who needs more specific legal advice should not hesitate to contact deportation defense attorneys in Houston as their case approaches. An attorney can start to work on a defense immediately and they may be able to help the person remain in the United States lawfully.
The essential facts to know about deportation
Deportation is essentially a way for the government to force certain foreign nationals to leave the United States. The process usually begins when the government believes that the person has committed a crime, overstayed their allowed time on a visa, or committed some other violation of the criminal or immigration laws such as an illegal border crossing. Like defendants in other legal cases, the person is given notice of the accusations against them from the government, and they have an opportunity to present a defense with legal counsel. Because a person can face serious consequences if they are actually removed from the United States in a deportation proceeding and they can be denied future re-entry, representation by Houston deportation lawyer Chris Fonseca is always recommended.
Overlap between criminal charges and deportation
Many people who find themselves with deportation issues end up in this situation because the government has charged them with a crime. It is imperative that anyone who is facing criminal charges speaks with Houston deportation defense lawyers who understand the consequences of both court systems, as even though they are separate, things like a criminal conviction can affect a person’s immigration status. A criminal conviction can also lead to the possibility of deportation. Accepting a no-contest plea can also potentially have immigration consequences as well, even if the person is not considered guilty of the crime charged. But those who have been charged should also keep in mind that not all arrests or charges end in a conviction due to problems such as a lack of evidence and unavailable witnesses. If criminal charges are dropped or result in an acquittal, the person may also have a favorable outcome for their deportation case.
Is anyone exempt from deportation?
There are some reasons why a person categorically may not be deported, but this can depend on a number of different factors. Once a person has obtained their citizenship or some kind of other lawful permanent residency, this means that they cannot be deported. There are also situations where a person who is a legitimate political refugee or asylum seeker will not be sent back to their home country due to the risk of things like war, religious persecution, and political violence. However, these individuals may potentially be deported if their asylum claims are denied at a later time. The government may give protected status to certain foreign nationals during emergencies such as a natural disaster or sudden armed conflict. This is usually a temporary period of protection where the protected individual can remain in the country and work legally without the fear of deportation. Certain visa holders who are victims of crimes such as human trafficking also tend to be given special protection by the federal government.
Canceling a removal order
There are some situations where a lawful permanent resident of the United States can receive a cancellation of their removal order. This is typically done through a process where a green card holder can demonstrate certain facts, such as their continuous presence in the country and a lack of any serious criminal record along with a good moral character through contributions to their community. It also may be possible to have a removal order canceled with the assistance of Houston deportation lawyers if there is an extreme hardship such as a sick or elderly relative who is already in the country legally. Even those without a green card may be able to have their removal order canceled, however, this is usually not possible if the defendant is charged with a serious crime such as a felony. However, it is also crucial for the defendant’s attorney to look into any prior criminal convictions to ensure their validity and relevance to the immigration case. If the prior conviction is deficient in any way, the person will likely not be deported.
Other defenses to deportation
One of the main jobs of deportation defense attorneys in Houston is to try to defend their clients and allow them to remain in the United States. There are a few defenses to being deported that are commonly used. First, legitimate asylum seekers can generally avoid deportation and remain in the United States. However, this requires a genuine showing of things like armed conflict in the person’s home country, or previous violence or displacement due to political reasons or the person’s religion. Also, there are times when a person who is facing deportation can have their status changed to a lawful permanent resident due to their employment or family members already lawfully in the United States. Temporary protected status is available to some immigrants who are eligible for assistance from the United States government due to sudden problems such as natural disasters or the outbreak of war. Another general tactic used by Houston deportation defense lawyers is to have certain evidence suppressed and removed from the government’s case if it was collected illegally. This is important because it is often difficult or impossible for the government to prove that a person should be deported if crucial pieces of evidence have been excluded from their case.
The DACA program
DACA stands for Deferred Action for Childhood Arrivals, and the program has received much attention in recent years since it was started by the Obama administration. This is a program where qualifying individuals who were brought to the United States as young children, usually by their parents, receive certain protections. These special protections can extend to exemption from deportation as well. However, anyone who expects the protections from deportation and other benefits of being a DACA recipient should speak with deportation lawyers in Houston to ensure that they are eligible and following all relevant rules and guidelines. This is a developing area of immigration law, and there have also been various updates and changes to the DACA program over the years, therefore its future remains in question.
Changes in immigration laws and policy that affect deportation
Those who are going through issues related to immigration and the possibility of deportation should also stay in touch with their attorney to remain aware of any potential changes in immigration law and policy. This is a contentious political issue in the United States, and policies related to deportation and conditions for migrants remain a mainstay in political discourse and media. These political decisions made by the United States government and those who are elected or appointed at the federal level can have very real consequences for anyone who is attempting to remain in the country legally.
One of the most important things for a person going through the deportation process is to get legal advice from experienced Houston deportation lawyers. There are a number of different services that they can provide, and obtaining assistance from an experienced deportation lawyer is preferable to a person trying to solve immigration issues on their own.
A deportation defense attorney in Houston may ultimately be the difference between a person being able to remain in the country versus being forcefully removed. Like in other legal actions, there needs to be a hearing or trial where the government has to prove that a person should actually be deported. It is common and important for the individual to have legal representation at these times.
Additional advice from Houston deportation defense lawyers
There is much more information available about the deportation process and how deportation defense attorneys assist their clients. The Fonseca Law Firm is a trusted immigration practice that can provide more information about deportation and related matters in the Houston area.