Compassionate And Effective Deportation And Removal Defense Attorney
At MCD Immigration Law, P.C., we understand the fear and uncertainty associated with deportation. Our dedicated legal team, led by Mabel Covarrubias-Doucette, offers compassionate and knowledgeable representation to those undergoing removal from the U.S.
Ms. Covarrubias-Doucette is an experienced attorney and a child of Mexican immigrants. She brings a wealth of experience and a personal connection to each immigration law case.
If you or a loved one is facing deportation, do not hesitate to reach out for help. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation. We represent clients throughout Massachusetts. Se habla español.
What Are The Steps In The Deportation / Removal Process?
The deportation and removal process in the United States is a series of steps that may lead to a noncitizen being deported because they have committed a crime, are a threat to public safety or have violated the terms of their visa. Here is what typically happens:
- Detention: Initially, the individual may be detained by U.S. Immigration and Customs Enforcement (ICE) if they are suspected of violating immigration laws.
- Hearing in immigration court: The detained person will likely face a hearing before an immigration judge. The court will decide whether the individual should be deported based on the evidence presented.
- Potential expedited removal: In some instances, expedited removal can occur without a court hearing, especially if the individual has entered the U.S. without proper documentation or has violated other entry requirements.
- Voluntary departure: Before the final removal, there is often an option for the person to voluntarily depart the U.S. at their own expense, which can avoid the formal removal process.
- Appeals: The person can usually appeal the decisions of an immigration court. This provides an additional opportunity to contest the removal.
Understanding these steps can help you prepare for what lies ahead and formulate a defense strategy with your deportation lawyer. Whether you are being held in detention or not, we know your deportation and removal case is urgent. We will fight for your rights at every step.
What Happens At Removal Or Deportation Defense Hearings?
The judge will review the evidence and hear arguments from the person defending against removal or deportation and the government.
The process starts with a master calendar hearing, where the judge explains the charges and you can plead your case. This might include filing applications for relief such as for asylum or cancellation of removal.
Following this, an individual hearing is scheduled, where more detailed evidence and witness testimony are presented. The judge then makes a decision based on the information provided. Legal representation can substantially impact the outcome, making an experienced attorney crucial.
Can Nonpermanent Residents Qualify For Cancellation Of Removal?
Yes, they may qualify for cancellation of removal under certain conditions. As a nonpermanent resident, you must:
- Have been physically present in the United States for at least 10 years
- Demonstrate good moral character during this period
- Prove that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child
The decision is discretionary, meaning the immigration judge has the final say based on the individual circumstances of the case.
Can You Be Deported If You Are Married To A U.S. Citizen?
Unfortunately, being married to a U.S. citizen does not automatically prevent deportation. However, it can provide a basis for certain forms of relief from removal such as:
- Adjustment of status: Becoming a lawful permanent resident
- Cancellation of removal: Halts deportation proceedings
- Asylum: Amid fear of persecution in your home country
- Withholding of removal: Prevents deportation to a country where you may face danger
- Temporary Protected Status (TPS): For nationals of certain countries experiencing significant problems
Each case is unique, and the specifics will determine whether being married to a U.S. citizen can effectively halt deportation proceedings.
Is It Hard To Win Cancellation Of Removal?
It can be challenging due to the stringent requirements and the discretionary nature of this form of relief. Applicants must demonstrate substantial evidence to meet the eligibility criteria. This includes presenting evidence that proves the requirements mentioned above (continuous presence, good moral character and significant hardship to qualifying relatives).
The burden of proof is high, and convincing the immigration judge requires a strong, well-documented case. Our assistance can be instrumental in raising the chances of a successful outcome.
What Are The Defenses To Deportation And Removal?
Facing removal does not always mean the end of the road. There are several forms of relief that a deportation defense attorney can seek that could potentially prevent deportation:
- Cancellation of removal: Certain lawful permanent residents and undocumented immigrants can request this under specific conditions, allowing them to remain in the U.S. even though they qualify for removal.
- Withholding of removal: This applies to individuals who do not qualify for asylum but still face threats to their life or freedom in their home country.
- Asylum: This status may be granted to those who can demonstrate a well-founded fear of persecution in their home country on grounds such as race, religion or political opinion. Successful applicants may eventually apply for a green card.
- Convention Against Torture Protection: This is for individuals who can show that returning to their home country would likely result in torture.
- Adjustment of status: Sometimes, a removal process reveals eligibility for lawful permanent residence, which can be adjudicated by an immigration judge.
- U visa: Available to victims of serious crimes who have cooperated with law enforcement, which can also lead to changes in their immigration status.
Each of these forms of relief requires presenting compelling evidence in immigration court. Our firm is well-equipped to handle such cases, ensuring thorough preparation and robust representation.
Take The First Step Toward Your Defense
Do not face the deportation and removal process alone. A dedicated deportation lawyer is here to provide the legal support and guidance you need. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation. Let us protect your rights and help you work toward remaining in the United States.
All discussions with your deportation lawyer are confidential.
