San Jose Deportation Defense Lawyers | The Law Offices of Daniel Shanfield

Facing deportation or removal proceedings can be one of the most challenging experiences for individuals and families. At our law firm, located in the heart of San Jose, we have experience in providing robust deportation defense services. Our dedicated team of San Jose deportation defense lawyers understands the complexities of immigration law and is committed to fighting for your right to stay in the United States.

What is Deportation?

Deportation, now officially termed “removal” in the United States since 1996, refers to the enforced departure of a foreign national from the U.S. for breaching immigration laws. This could stem from various infractions such as overstaying a visa, criminal convictions, or violating visa conditions. In California, as in the rest of the U.S., the removal process entails legal proceedings where the individual can argue their case before an immigration judge.

The outcome of these proceedings determines whether the person will be removed from the country or allowed to stay. Those facing removal may hire their attorney for defense, as the U.S. does not provide government-funded legal representation in immigration cases. Legal representation is highly recommended, given the complexity and consequences of removal proceedings.

Reasons for Deportation

Reasons for deportation (or removal) from the United States are broadly defined by the Immigration and Nationality Act (INA) and can encompass a variety of legal and administrative violations. Here are some common reasons why an individual might be deported:

Illegal Entry: Entering the United States without proper authorization or inspection by an immigration officer.
Visa Violations: Overstaying a visa, working without a permit, or violating other visa conditions.
Criminal Convictions: Convictions for certain crimes, including aggravated felonies, drug offenses, crimes of moral turpitude, and certain firearm offenses, can lead to deportation.
Fraud: Misrepresentation or fraud in immigration applications and documents, such as fake marriages to obtain a green card.
Security Threats: Involvement in terrorism, espionage, or any activities that threaten U.S. national security.
Public Charge: Becoming dependent on government assistance for subsistence can be grounds for deportation, particularly if it occurs within the first five years of entry.
Unlawful Voting: Non-citizens who vote in U.S. elections in violation of federal, state, or local laws may be deported.

These grounds for deportation highlight the importance of adhering to U.S. immigration laws and the potential consequences of violations. Individuals facing deportation proceedings often benefit from legal representation to navigate the complexities of immigration law and to advocate on their behalf.

How a San Jose Deportation Defense Lawyer Can Help

As a leading law firm in San Jose, we have experience in offering comprehensive deportation defense services to individuals facing the threat of removal from the United States. Our experienced team of deportation defense lawyers understands the complexities and nuances of immigration law, providing experienced legal representation to safeguard your rights and fight for your ability to remain in the country. Here’s how we can assist:

Legal Experience and Guidance: Our attorneys bring a wealth of knowledge and experience to your case, ensuring you understand your legal options and the potential outcomes. We stay up-to-date with the latest changes in immigration law to offer you the most accurate and effective advice.
Personalized Defense Strategies: We recognize that every deportation case is unique. Our team meticulously reviews your situation to develop a tailored defense strategy that addresses the specific grounds for your deportation and leverages any available relief or waivers.
Representation in Immigration Court: Facing an immigration judge can be daunting. Our deportation defense lawyers stand by your side throughout the court proceedings, presenting a strong defense, cross-examining witnesses, and arguing your case to achieve a favorable decision.
Assistance with Appeals and Motions: We don’t stop there if your case doesn’t initially result in a favorable outcome. Our firm is skilled in filing appeals and motions to reopen or reconsider cases, providing another chance to secure your stay in the United States.
Bond Hearings: Securing release through a bond hearing can be a critical first step for those detained. We advocate for your release on bond, allowing you to return to your family and community while your case is processed.
Compassionate Support: We understand the stress and uncertainty of facing deportation. Our team offers legal representation and emotional support, ensuring you feel heard and respected throughout this challenging process.
Keeping Families Together: Our ultimate goal is to protect your rights and keep families intact. Whether you’re facing deportation due to visa issues, criminal charges, or any other reason, we’re here to offer the robust defense you need.

Start Your Defense Today

Don’t face the threat of deportation alone. Our San Jose deportation defense lawyers are ready to help you navigate the complexities of your case and fight for your future in the United States. Contact us today to schedule a consultation and learn more about how we can defend your right to stay.

Comprehensive Deportation Defense Services

Our law firm offers a full range of deportation defense services tailored to meet each client’s unique needs. We understand that every case is different, and we are prepared to leverage our experience to protect your rights. Our services include, but are not limited to:

Bond Hearings: Assisting detained individuals in obtaining a bond to secure their release from immigration detention centers.
Cancellation of Removal: Representing both lawful permanent residents (LPRs) and non-LPRs in proceedings to cancel their removal from the U.S.
Asylum Claims: Defending individuals who face persecution in their home country and seek protection in the U.S.
Adjustment of Status: Helping eligible individuals apply for a change in their immigration status while in the U.S.
Appeals and Motions to Reopen: Filing appeals with the Board of Immigration Appeals (BIA) and motions to reopen cases that have been unjustly decided.

Why Choose Us as Your Deportation Defense Lawyer?

Experienced Legal Representation: Our team has years of experience and a track record of success in handling complex deportation cases. We are well-versed in the latest immigration laws and strategies to offer you the best defense possible.
Personalized Attention: We understand the emotional toll that deportation proceedings can take. Our San Jose immigration lawyers provide personalized attention to every case, ensuring you feel supported and informed.
Strategic Defense: We meticulously analyze every aspect of your case to develop a tailored strategy that maximizes your chances of a favorable outcome.
Commitment to Clients: Our primary goal is to protect your rights and keep families together. We are committed to achieving the best possible results for our clients, no matter how challenging the case may be.

Facing Deportation? Take Action Now.

Don’t let the threat of deportation determine your future. Our experienced deportation defense lawyers are ready to stand by your side, offering experienced legal representation and compassionate support. With a deep understanding of immigration law and a commitment to our clients, we’ll explore every option to defend your right to stay in the United States.

Schedule your consultation today. Let us help you navigate through this challenging time with the dedication and experience your case deserves. Together, we can work towards securing your future in the U.S.

Deportation Defense Lawyer FAQs

What does a deportation defense lawyer do?

They provide legal representation to individuals facing removal from the United States. They help navigate the complexities of immigration law, defend against deportation in court, and explore legal options to remain in the country.

When should I contact a deportation defense lawyer?

You should contact a deportation defense lawyer when you receive a notice to appear (NTA) for a removal proceeding or if you believe you’re at risk of deportation due to your immigration status, a criminal charge, or any other reason.

Can a lawyer stop my deportation?

While no lawyer can guarantee to stop deportation, an experienced deportation defense lawyer can significantly improve your chances. They can present a strong defense, apply for relief options like asylum or cancellation of removal, and navigate appeals to fight for your right to stay in the U.S.

What are some defenses against deportation?

Common defenses include applying for asylum, canceling removal, adjusting status, waiving certain inadmissibilities, and proving that the grounds for deportation are not valid.

What is cancellation of removal?

Cancellation of removal is a defense for certain permanent and non-permanent residents who meet specific requirements, allowing them to avoid deportation and either retain or gain lawful status in the U.S.

Can deportation be appealed?

Yes, deportation orders can be appealed to the Board of Immigration Appeals (BIA) and potentially to higher federal courts. An experienced lawyer can advise on the viability of an appeal in your case and represent you throughout the process.

How much does a deportation defense lawyer cost?

Costs can vary widely based on the case’s complexity, the lawyer’s experience, and the legal process’s length. Many lawyers offer initial consultations to assess your case and discuss fees.

What should I bring to my consultation with a deportation defense lawyer?

Bring all relevant immigration documents, any notices from immigration authorities, criminal records, and any other documents related to your case. Providing complete information helps your lawyer understand your situation and advise you effectively.

Is there any way to stay in the U.S. legally after an order of deportation?

In some cases, yes. Options may include motions to reopen the case, applying for some form of relief such as asylum or adjustment of status, or seeking a stay of removal under certain circumstances. Each case is unique, so consulting with a deportation defense lawyer is crucial.

Can I work while fighting deportation?

If you already have work authorization, you may continue to work while your case is pending. If you don’t have work authorization, your lawyer can advise you on whether it’s possible to apply for one based on your current immigration proceedings.

Call our firm at (408) 359-4388 to schedule your initial consultation.