Metro Atlanta Deportation Attorneys Serving Clients Nationwide
Protecting Your Right to Remain in the United States
Facing deportation or removal proceedings can create tremendous uncertainty for individuals and families. Your ability to remain in the United States, continue working, care for your family, and maintain the life you have built may all be affected. Immigration court proceedings are complex, and the government is represented by attorneys seeking removal. At Bair Wilson Sharma LLC, our deportation and removal defense attorneys help individuals understand the allegations against them, evaluate potential forms of relief, and defend their ability to remain in the United States.
Removal proceedings may begin for many reasons. A person may be placed into proceedings after an immigration status violation, visa overstay, denied immigration application, certain criminal charges or convictions, or an encounter with immigration authorities. Lawful permanent residents can also face removal under certain circumstances.
Proceedings commonly begin when the Department of Homeland Security issues a Notice to Appear (NTA) alleging that an individual is removable under federal immigration law. The case is then generally heard before an immigration judge within the Executive Office for Immigration Review (EOIR).
Receiving an NTA does not necessarily mean removal from the United States is inevitable. Depending on the individual's immigration history, family relationships, length of residence, fear of returning to their home country, and other circumstances, one or more defenses or forms of relief may be available.
Our lawyers carefully review the government's allegations and the client's complete immigration history to determine the appropriate strategy. When your future in the United States is at stake, understanding your options as early as possible can be critical.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Exploring Your Options for Relief From Removal
There is no single defense that applies to every immigration court case. The appropriate strategy depends on why the government is seeking removal and whether the individual qualifies for relief under federal immigration law.
One potential option is cancellation of removal. Different requirements apply to lawful permanent residents and individuals who are not permanent residents. Eligibility can depend on factors such as length of residence in the United States, immigration status, criminal history, good moral character, and, in certain cases, the hardship removal would cause qualifying family members.
Individuals who fear persecution in their home country may be able to seek asylum, withholding of removal, or protection under the Convention Against Torture (CAT) when the applicable legal requirements are satisfied.
Other individuals may have options based on qualifying family relationships or an underlying immigration petition. Depending on the circumstances, adjustment of status, certain waivers, or other forms of immigration relief may provide a potential path forward.
Criminal history can make removal cases particularly complicated. Certain convictions can affect immigration status, eligibility for relief, and whether a lawful permanent resident can remain in the country. Immigration consequences do not always correspond directly with how an offense is classified under state law, making a careful review of criminal records and immigration history important.
Our attorneys can also challenge the government's allegations when appropriate. The Department of Homeland Security generally has the burden of establishing removability under the applicable legal standards, and questions concerning immigration status, prior admissions, criminal convictions, or the legal basis for removal may become important issues in a case.
Hands-On Advocacy When Your Future Is at Stake
Immigration court cases often involve multiple hearings and strict procedural requirements. An initial master calendar hearing typically addresses preliminary matters, while an individual hearing, sometimes called a merits hearing, may involve testimony, witnesses, documentary evidence, and legal arguments concerning an application for relief.
Missing an immigration court hearing can have serious consequences. In some circumstances, an immigration judge may issue an in absentia removal order when an individual fails to appear. Anyone who receives immigration court paperwork should carefully track hearing dates and address changes to their contact information as required.
At Bair Wilson Sharma LLC, our lawyers help clients prepare for each stage of removal proceedings. We review immigration records, analyze potential defenses, prepare applications for relief, gather supporting evidence, prepare clients for testimony, and advocate before the immigration court.
We can also evaluate options when someone already has a removal order. Depending on the circumstances, there may be grounds to pursue a motion to reopen, motion to reconsider, or an immigration appeal. These matters can involve strict deadlines, making it important to evaluate potential options promptly.
Removal proceedings affect more than the individual appearing in court. A case can determine whether parents remain with their children, spouses stay together, and individuals are able to continue the lives they have established in the United States. Our attorneys understand these consequences and provide personalized representation focused on both the legal issues and the people affected by them.
Clients are not simply passed from person to person without understanding what is happening with their case. Our attorneys provide hands-on guidance, explain court procedures and potential outcomes, and help clients make informed decisions as their case progresses.
Our firm also offers multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping individuals and families communicate about complicated and sensitive immigration matters in the language they are most comfortable speaking.
We proudly represent individuals and families throughout the Metro Atlanta Area in deportation and removal matters. Whether you recently received a Notice to Appear, have an upcoming immigration court hearing, are seeking relief from removal, or need to understand your options after a removal order, our attorneys are ready to evaluate your situation and advocate for your ability to remain in the United States.
Deportation & Removal Defense FAQs
What are removal proceedings?
Removal proceedings are immigration court proceedings in which the U.S. government seeks to remove an individual from the United States. These cases are generally heard by an immigration judge through the Executive Office for Immigration Review (EOIR).
Why might someone be placed in removal proceedings?
Removal proceedings can arise for many reasons, including visa overstays, immigration status violations, certain criminal convictions, denied immigration benefits, or other alleged violations of federal immigration law.
Does receiving a Notice to Appear mean I will be deported?
Not necessarily. A Notice to Appear (NTA) generally begins the removal process, but you may have defenses or qualify for relief that could allow you to remain in the United States.
What options are available to fight deportation?
Potential options depend on your circumstances and may include cancellation of removal, asylum, withholding of removal, protection under the Convention Against Torture, adjustment of status, certain waivers, or challenges to the government's allegations.
Can a green card holder be deported?
Yes. Lawful permanent residents can face removal under certain circumstances, including some criminal convictions or immigration violations. Because the consequences depend on the specific facts and law involved, it is important to have the situation carefully reviewed.
Can a criminal conviction affect my immigration status?
Yes. Certain convictions can create serious immigration consequences, including potential removal or limitations on available relief. The immigration consequences of a criminal matter can differ from how an offense is treated under state criminal law.
What happens if I miss my immigration court hearing?
Missing a hearing can have serious consequences. An immigration judge may issue an in absentia removal order in certain circumstances. If you have already missed a hearing, an attorney can evaluate whether there may be grounds to seek reopening of the case.
What is cancellation of removal?
Cancellation of removal is a form of relief that may allow certain qualifying individuals to remain in the United States despite being placed in removal proceedings. Different requirements apply to lawful permanent residents and non-permanent residents.
Can I appeal a removal order?
Depending on the circumstances, you may be able to appeal an immigration judge's decision or pursue a motion to reopen or reconsider a case. These options can involve strict filing deadlines, so acting promptly is important.
Have Questions About Your Immigration Options?
Immigration matters can be complex, but you don’t have to navigate the process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian.
Call 678-250-6095 today to speak with one of our immigration attorneys.