Board Certified Immigration Attorneys in Orlando Offer Deportation Defense in Immigration Court
Deportation Defense Attorneys Suzanne E. Vazquez and Maud Poudat regularly defend clients before the Orlando Immigration Court and they are both certified as experts in immigration law by the Florida Bar.
Reasons why a Person can be Placed in Deportation Proceedings
Most of the clients we defend from deportation are in removal proceedings as a result of:
- Traveling outside the United States and having a criminal conviction;
- As a result of being turned over to Immigration and Customs Enforcement (ICE) by the local police after a traffic stop or being identified by ICE during incarceration after arrest; or
- As a result of a denial of an immigration application that they submitted without realizing the risk of exposure to removal proceedings.
If you or a loved one find yourself in removal proceedings, you want the best representation possible because a noncitizen normally receives only one chance to prove that he or she should not be removed. You need a deportation defense attorney like Suzanne E. Vazquez or Maud Poudat, who will fight for you! The consequences of an order of removal can be severe. A noncitizen may not be able to return to the United States for 5 years to life.
In the removal proceedings, the immigration judge first must decide whether there is a valid reason to remove a noncitizen. We can analyze the charges against you to make sure they are valid. There are many reasons to remove a noncitizen, including fraud, abandonment of lawful permanent residence, unlawful presence, and criminal convictions. The immigration laws regarding conviction of a crime are particularly complex, so removability on that basis often maybe challenged. If a challenge is successful, the removal proceedings are terminated (dismissed).
If the government meets their burden of proof (when they have the burden of proof) or the Immigration Judge sustains the charges against you, the Immigration Judge will decide any forms of relief from removal you are eligible to apply for. Examples of these applications for relief from removal include:
- cancellation of removal (EOIR-42A and EOIR-42B);
- relief under former section 212(c);
- adjustment of status;
- waivers of inadmissibility (I-601) under 212(h) (crimes), 212 (i) (fraud/misrepresentation), and 212 (k) (innocent ineligibility);
- waivers of deportability under 237 (a) (1) (H) (fraud/misrepresentation at the time of admission) and 237 (a) (1) (E) (iii) (smuggling of spouse or child);
- Asylum, withholding of removal, and Convention Against Torture relief;
- and voluntary departure in lieu of a removal order.
Relief from Removal / Deportation
In immigration Court, a person must have “relief” – meaning a person must be eligible for a specific type of immigration benefit – in order to be able to avoid a removal order. Examples of applications for relief from removal include:
- Voluntary Departure, which still requires you to depart, allows you the opportunity to come back to the United States in the future with a clean immigration record (in other words, you would not have a removal order).
- Asylum, withholding of removal, and protection under the Convention Against Torture (Form I-589)
- Adjustment of Status (Form I-485)
- Adjustment of status combined with a waiver of grounds of inadmissibility based on Section 212(i) of the Immigration and Nationality Act for fraud or misrepresentation or 212(h)) for criminal convictions
- Cancellation of removal for permanent resident as well as for non-legal permanent resident, and/or for battered spouse (EOIR 42A or EOIR 42B)
- 212(c) waiver
- 237(a)(1)(H) waiver
- NACARA
- Removal of Conditions
- Temporary Protected Status
- T, U or V status
If your application for one of these types of relief is granted by the Immigration Judge, then your removal proceedings will be over, and you can remain in the United States with your new granted status.
If an Immigration Judge denies your application for relief, you can file an administrative appeal with the Board of Immigration Appeals (BIA) within 30 days of the date of the Immigration Judge’s decision.
Voluntary Departure
If your options for remaining in the U.S. are very slim, you might consider asking for "voluntary departure". Voluntary departure is not considered removal and it may allow you to come back to the U.S. in the future. If voluntary departure is granted before the final order of the Immigration judge (Pre conclusion), it is granted for 120 days. If granted at the conclusion of proceedings, it is given for 60 days.
Why Hire an Immigration Attorney
The immigration laws surrounding the removal proceedings are very specific and subject to various court interpretations. If you have been placed in removal proceedings, you should seriously consider hiring us to fight the charges that have been brought against you and to seek any possible relief that may be available to you. You increase your chances of remaining in the United States by hiring our board certified immigration attorneys who will help prepare your claim and fight your case before the Immigration Judge and if necessary, the BIA. Call our office today to schedule a consultation with one of our expert attorneys, Suzanne Vazquez and Maud Poudat!
Contact our Immigration Law Firm in Central Florida
If you or someone you know is placed in removal proceedings or deportation, call our Immigration Law Firm today. Suzanne E. Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar and may be able to help with your deportation case. Our legal team includes a Hispanic immigration attorney, Daniela Alvarado, who also speaks Spanish and French. We can be reached during office hours at (407) 674-6968. You may also fill in the online form provided in this page and one of our attorneys will get back to you as soon as possible.