Cancellation of Removal Attorney in San Jose

Helping Certain Lawful Permanent Residents

Removal and deportation proceedings are serious legal situations that must be confronted with a powerful defense. You want to keep your family intact and live your life in peace. You need a law firm with a proven record of aggressively fighting unjust removals.

San Francisco and San Jose Immigration Defense Attorney

Deportation and removal proceedings are heard in an immigration court. As soon as you learn that you may be removed or deported, you should immediately speak with an immigration defense attorney in San Francisco and San Jose who is a talented litigator with a thorough understanding of immigration law and effective defenses.

Contact an experienced cancellation of removal attorney today for assistance with your case.

Common Basis for Removal Proceedings

When facing deportation proceedings, understanding the common grounds for removal is essential. These proceedings, initiated in immigration court, typically stem from specific circumstances that immigration law considers grounds for deportation. Knowing these bases can help you and your cancellation of removal attorney build a strong deportation defense. Here are several common reasons why removal proceedings may begin:

Criminal Convictions: Certain criminal offenses, including drug-related crimes, violent crimes, and certain theft-related offenses, can lead to removal proceedings. Even minor infractions may sometimes trigger deportation if they involve moral turpitude or violate specific immigration laws.
Visa Violations: Overstaying a visa, working without proper authorization, or failing to comply with visa requirements are frequent grounds for deportation. Immigration officials actively monitor visa compliance, and any violations can result in an individual being summoned to immigration court.
Illegal Entry: Entering the U.S. without proper documentation or authorization can result in deportation proceedings. Unauthorized entry, whether by crossing the border illegally or failing to meet entry requirements, is one of the primary causes for removal action.
Fraud or Misrepresentation: Providing false information or documents to immigration authorities, whether during the visa application process or in other interactions with U.S. immigration, is a serious offense that may lead to deportation. Fraud or misrepresentation often includes using false identities, lying about personal details, or falsifying immigration status.
Public Charge: Although not as commonly enforced, the public charge rule considers whether an individual is likely to become primarily dependent on government assistance. If officials find evidence that a person has or may rely heavily on public benefits, they may initiate removal proceedings.
Security and Political Grounds: In some cases, individuals may face deportation if immigration authorities believe they pose a security threat or have associations with certain political organizations or activities that are deemed harmful or disruptive to national interests.

Being aware of these common reasons for deportation can help those facing immigration court proceedings better understand the importance of a solid deportation defense. Working with an immigration attorney on a cancellation of removal request may offer pathways to remain in the U.S. and avoid the consequences of removal.

Cancellation of Removal

Cancellation of Removal is available to certain long term permanent residents who are facing removal proceedings (deportation) who have been convicted of certain crimes involving moral turpitude, drug offenses, and domestic violence or child abuse crimes.

To qualify for this waiver you must have:

Resided in the U.S. as a permanent resident for 5 years; and
Lived in the U.S. continuously for 7 years in any lawful status

As a legal resident, you must present strong and persuasive reasons as to why you should be allowed to stay in the country. You will need to prove strong family connections, employment, and reform of character. If you have a criminal record, you must discuss this matter thoroughly with your attorney.

Immigration Defense Lawyer in San Francisco and San Jose

Daniel Shanfield, Esq. Immigration Defense works to protect immigrants from unjust or improper removals by providing a vigorous and skilled defense. As a former U.S. Immigration and Naturalization Service litigator and prosecutor, Daniel is a talented and aggressive defense attorney in administrative hearings and in the courtroom. Over a 14 year career, Daniel has successfully fought for legal permanent residents seeking cancellation of removal.

Contact a San Francisco and San Jose immigration defense attorney at our firm to seek cancellation of removal.