Our Deportation Defense Lawyers in Tulsa, Oklahoma Help Individuals and Families Nationwide Seeking Cancellation of Removal
Facing deportation can be a terrifying experience for individuals and families that have come to see the United States as their home. Our skilled deportation defense lawyers in Tulsa, Oklahoma assist individuals and families nationwide when they are facing removal proceedings. The deportation defense process is complex, often requiring appearances before the Executive Office for Immigration Review and appeals in federal court. We represent clients nationwide who are seeking cancellation of removal to prevent deportation and keep their families together in the United States.
If you find yourself in removal proceedings (or if you suspect that removal proceedings will begin soon), call Rivas & Associates right away. You may be eligible for cancellation of removal if you meet specific criteria. Regardless of your location in the United States, our team can help you collect evidence and submit documentation to help you meet the requirements, and we can build a tailored strategy to protect your ability to remain in the US on a lawful and permanent basis.
To discuss the Cancellation of Removal process and other alternatives with a skilled immigration lawyer, contact Rivas & Associates today to schedule a confidential consultation by calling (844) 37-RIVAS(844) 37-RIVAS or filling out our online form. The majority of our legal team consists of immigrants and first-generation Americans. We understand your concerns, and we are here to help you. Hablamos español.
Key Takeaways
- Deportation defense lawyers assist individuals facing removal proceedings nationwide
- Committing crimes, public assistance, and visa violations can lead to deportation
- Waivers and asylum options may provide relief for those facing deportation
- Adjustment of status and Special Immigrant Juvenile Status offer paths to lawful permanent residency
- Rivas & Associates offers consultations and guidance for individuals facing deportation proceedings
Common Reasons for Deportation or Removal from the United States
Deportation from the United States can occur for various reasons, including:
- Committing crimes
- Using public assistance services
- Violating visa terms
- Lacking proper documentation
Individuals and families seeking adjustment of status or facing removal proceedings need to understand these factors. Immigration judges consider these issues when determining whether to grant voluntary departure or pursue deportation. United States Citizenship and Immigration Services and criminal law play significant and coordinated roles in these cases. At Rivas & Associates, we can assess your unique circumstances and pursue a case strategy to defend your ability to remain in the United States.
Facing Deportation for Committing a Crime
Committing certain crimes can lead to deportation proceedings, so individuals need to understand the potential consequences of their actions. A conviction for an aggravated felony or other serious offense may prompt an immigration judge to order removal. Seeking assistance from a skilled deportation attorney becomes essential in these cases in order to work through the complex legal process and explore options for cancellation of removal.
The severity of the crime and its impact on naturalization (processo de ciudadania) prospects vary, with some offenses carrying more weight in deportation proceedings. Individuals facing removal due to criminal convictions should be aware of the following factors that may influence their case:
- Nature and severity of the crime committed
- Length of time since the conviction
- Evidence of rehabilitation
- Ties to the community and family in the United States
- Potential hardship to U.S. citizen or permanent resident family members
Public Assistance Can Lead to Deportation
Taking public assistance can impact an individual’s immigration status and potentially lead to deportation proceedings. The Board of Immigration Appeals considers an immigrant’s reliance on public benefits when evaluating their good moral character, a major factor in many immigration cases. Individuals seeking to maintain their status or apply for citizenship should be aware of how accepting certain forms of government aid may affect their immigration standing.
Furthermore, we can guide you to make informed decisions about seeking public assistance by addressing these important considerations:
- Types of public benefits that may affect immigration status
- Exceptions and waivers for certain public assistance programs
- Alternatives to public assistance for immigrants
- Strategies for maintaining good moral character
- Impact of public charge rules on immigration applications
Our immigration attorneys at Rivas & Associates help clients navigate the complex relationship between public assistance and immigration status.
Not Following the Terms of Your Visa Risks Deportation
Failing to adhere to visa terms can lead to deportation proceedings under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Common violations include overstaying, unauthorized employment, or failing to maintain student status. In Oklahoma City and across the nation, our immigration attorneys at Rivas & Associates help individuals and families gather evidence to demonstrate compliance with visa conditions or seek relief from removal.
Certain life events, such as marriage to a U.S. citizen, may offer options for individuals facing deportation due to visa violations. However, these cases often require extensive documentation and legal skill. Our deportation defense lawyers are prepared to guide you through processes like adjustment of status or applying for parole to potentially avoid removal from the United States.
Lack of Proper Documentation Can Cause You to Be Detained and Deported
Lack of proper documentation is a common reason for deportation, affecting individuals who may have entered the country without inspection or overstayed their visas. We help our deportation defense clients explore options such as waivers to address documentation problems and prevent separation. Our immigration attorneys at Rivas & Associates often assist clients in gathering necessary paperwork, including evidence of continuous presence or proof of hardship to U.S. citizen family members.
Prosecutorial Discretion and Deportation or Removal
Prosecutorial discretion refers to the authority given to a government agency or officer to decide which charges to bring in a legal case. In immigration law, prosecutorial discretion is often exercised in determining where to focus immigration resources. If you are residing in the U.S. unlawfully, you may not become the focus of prosecutorial discretion for years at a time.
Prosecutorial discretion plays a large role in deportation cases, allowing immigration officials to prioritize certain cases over others. This discretion can be influenced by factors such as fear of persecution in the home country, employment history, and family ties in the United States.
In cases involving allegations of fraud or domestic violence, prosecutors may exercise less discretion. However, our deportation defense lawyers can seek and present compelling evidence to support clients’ cases and potentially influence the decision-making process.
Bail considerations often come into play during deportation proceedings. We can advocate for a client’s release on bail, arguing that the individual poses no flight risk or danger to the community while their cases are pending.
If you are ever caught in government crosshairs, you will want an experienced immigration attorney by your side. You will want the team from Rivas & Associates. We can help you to demonstrate your eligibility for relief and help you pursue lawful residency in the United States.
Waivers for Seeking Cancellation of Removal
Waivers can play into cancellation of removal efforts for individuals facing deportation. Two key options are the 212(c) waiver for lawful permanent residents and the 212(h) waiver. These waivers consider factors such as moral character, family ties, and potential hardship to a parent or child. Understanding these options is essential for those seeking asylum or relying on prosecutorial discretion to maintain their work permit status.
212(c) Waiver for Lawful Permanent Residents
The 212(c) waiver offers lawful permanent residents facing deportation a chance to remain in the United States. This relief applies to individuals who have committed certain crimes but can demonstrate strong ties to the country and good moral character. Deportation defense lawyers in Tulsa, Oklahoma and nationwide help clients prepare petitions that highlight factors such as family connections, employment history, and community involvement.
While the 212(c) waiver is no longer available for new cases due to a Supreme Court of the United States decision, it may still apply to some long-term residents. Our attorneys at Rivas & Associates assist eligible clients in gathering evidence of persecution they might face if deported, which can strengthen their case. We can also explore alternative options like U visas or labor certification to help clients maintain their status and avoid removal.
212(h) Waiver of Inadmissibility
The 212(h) waiver of inadmissibility provides relief for certain individuals facing deportation from the United States due to criminal convictions. This waiver applies to those with misdemeanor offenses or specific felonies, offering a chance to remain in the country despite prior arrests or detention.
To qualify for a 212(h) waiver, applicants must demonstrate that their removal would cause extreme hardship to their U.S. citizen or lawful permanent resident family members. We assist our clients in gathering compelling evidence of hardship and presenting a strong case to immigration officials.
Seeking Asylum to Prevent Deportation
Seeking asylum is a legal process that can prevent deportation for individuals facing persecution in their home countries. We help deportation defense clients in Tulsa, Oklahoma and nationwide in navigating the complex asylum application process with the United States Department of Homeland Security.
Asylum seekers may qualify for protection under various programs, including Temporary Protected Status or those established by the Violence Against Women Act. These options provide potential pathways for individuals to remain in the United States legally and avoid deportation.
Seeking Relief Under the Convention Against Torture (CAT) to Prevent Deportation
The Convention Against Torture (CAT) provides an avenue for individuals facing deportation who fear violence or persecution in their home countries to seek safety in the United States. Our deportation defense lawyers in Tulsa, Oklahoma assist clients nationwide in seeking relief under CAT, even if they are ineligible for asylum or have committed crimes of moral turpitude.
CAT relief differs from asylum in that it does not lead to permanent residency but can prevent deportation. At Rivas & Associates, we help our clients build strong cases by gathering evidence of potential torture or inhumane treatment they may face upon return to their home country. This process often involves detailed documentation and expert witness testimony.
Individuals facing expedited removal may still be eligible for CAT protection. We can guide you through the screening process, documenting and carefully considering your fears of torture. This approach can even serve as protection for individuals who entered the United States through illegal immigration channels.
While CAT relief does not provide a path to citizenship, it may offer temporary protection from deportation. Our deportation defense lawyer team can assess your situation to determine if this is the right option for you. The following table outlines key aspects of CAT relief:
| Aspect | Description |
|---|---|
| Eligibility | Available even to those with criminal convictions |
| Burden of Proof | The applicant must show more than a 50% chance of torture |
| Status Granted | Withholding of removal or deferral of removal |
| Duration | Temporary, subject to review |
Seeking Withholding of Removal
Withholding of removal is a form of relief sought by individuals facing deportation from the United States. This option is available to those who can demonstrate a clear probability of persecution in their home country.
Unlike asylum, withholding of removal does not provide a path to permanent residency or citizenship. However, it can effectively prevent deportation and allow individuals to remain in the United States.
Our legal team at Rivas & Associates can guide you through the key steps in seeking withholding of removal, which include:
- Establishing eligibility and filing the application
- Gathering compelling evidence of potential persecution
- Preparing for and attending immigration court hearings
- Presenting a compelling case before an immigration judge
- Appealing unfavorable decisions if necessary
Applicants for withholding of removal must meet specific criteria, including proving that their life or freedom would be threatened based on protected grounds such as race, religion, or political opinion. The burden of proof for withholding of removal is higher than for asylum, requiring clear evidence of potential harm.
Seeking Adjustment of Status
Adjustment of status offers a path for eligible individuals facing deportation to become lawful permanent residents. Our deportation defense lawyers guide clients through this complex process, addressing issues that may affect eligibility. We can help you in gathering necessary documentation and preparing for interviews with immigration officials.
In cases involving plea agreements for criminal charges, our skilled lawyers at Rivas & Associates help clients understand the potential immigration consequences. Under such circumstances, we work to prevent a plea from jeopardizing the individual’s ability to adjust status and reduce the likelihood of immigration detention. However, the adjustment of status process can be lengthy, and individuals may face immigration detention during proceedings. We have handled these cases for many individuals nationwide under a variety of circumstances, and we can review your unique circumstances during your confidential consultation.
Pursuing Special Immigrant Juvenile Status
Special Immigrant Juvenile Status (SIJS) provides a path to lawful permanent residency for eligible children who have been abused, neglected, or abandoned. Rivas & Associates assists young clients nationwide in pursuing SIJS as a means to avoid removal and pursue a future in the United States.
Applicants for SIJS must demonstrate that returning to their home country is not in their interest. Our lawyers at Rivas & Associates help gather evidence, which may include documentation of past personal injury incidents or potential harm the individual may face if deported. Our immigration attorneys also address any concerns related to the child’s criminal record, as certain offenses can affect eligibility.
The SIJS process can provide a lifeline for young refugees who are facing deportation. We guide our clients through each step, from initial state court proceedings to final adjustment of status with the Immigration and Naturalization Service in successful cases. This careful attention helps to protect an eligible youth’s ability to remain safely in the United States.
Vacating a Criminal Offense to Avoid Deportation or Removal
Our deportation defense lawyers at Rivas & Associates often explore vacating criminal offenses as a strategy to prevent removal. This process involves challenging the validity of a conviction that could lead to deportation.
Immigration laws are complex, and not all convictions can be vacated. Our Tulsa immigration lawyers assess each case individually for clients across the United States, considering factors such as the nature of the offense and time elapsed since conviction.
Successful vacation of a criminal offense can significantly strengthen a client’s case against deportation. Our lawyers guide clients through this intricate process, coordinating with criminal courts and immigration authorities.
Exploring Voluntary Departure as an Alternative to Deportation
Voluntary departure is an alternative to deportation that our removal defense lawyers often explore for clients at high risk of removal. This option allows individuals to leave the United States on their own terms, avoiding the severe consequences of a formal deportation order.
When determining whether voluntary departure is a suitable option, we consider factors such as the client’s immigration history, potential eligibility for future visas, and the likelihood of success in fighting removal proceedings.
We carefully explain the pros and cons of voluntary departure to our clients. While voluntary departure can provide certain benefits, such as avoiding a formal deportation on one’s record, it also requires careful consideration of potential consequences:
- Ability to apply for legal re-entry sooner than with a deportation order
- Avoidance of long-term bars to re-entry associated with formal deportation
- Potential preservation of future immigration options
- Requirement to leave the United States within a specified timeframe
- Possible penalties for failure to depart as agreed
Our removal defense lawyers work diligently to protect clients’ rights throughout the voluntary departure process. We seek to make sure our clients are not coerced into accepting this option and that we have thoroughly explored the other alternatives. We can explore your options during your consultation.
How Our Deportation Defense Attorneys Can Help You Pursue Cancellation of Removal
Drawing upon deep experience in immigration law, our deportation defense lawyers at Rivas & Associates help individuals and families navigate the complex process of seeking cancellation of removal in Tulsa, Oklahoma and nationwide. Our skilled attorneys provide comprehensive support, exploring various legal options such as waivers, asylum, adjustment of status, and voluntary departure to prevent deportation and keep families together. We guide our clients in states across the USA through every step of the process, from gathering evidence to representing them before immigration courts and government agencies.
Consulting with a skilled immigration deportation attorney at Rivas & Associates can make a significant difference in your ability to remain in the United States and pursue a future here for yourself and your loved ones. We provide clear explanations of legal processes, potential case resolutions, and the steps our clients can take to strengthen their cases for cancellation of removal.
We handle the complexity of immigration law, addressing issues such as illegal entry with tailored explanations of the implications and guiding our clients through each step of the applicable processes. We also assist with gathering evidence and preparing witnesses to strengthen clients’ cases.
Depending on the needs and details of your unique case, our deportation defense lawyers may:
- Assess your eligibility for cancellation of removal
- Gather and present evidence of continuous presence and good moral character
- Prepare you for immigration court hearings
- Contest removal charges and advocate for your rights
- Explore alternative forms of relief if cancellation is not viable
- Assist with the appeals process, if necessary
We represent clients before immigration courts and government agencies, preparing thorough documentation, contesting removal charges, and advocating for our clients’ rights throughout the proceedings. Our attorneys also assist with appeals if necessary, pursuing the appropriate legal avenues.
Rivas & Associates offers ongoing support and guidance to clients facing deportation. Our comprehensive approach helps individuals and families navigate the challenging journey towards cancellation of removal and pursue a future in the United States.
Schedule a Consultation with Rivas & Associates to Explore Your Options for Avoiding Deportation by Seeking Cancellation of Removal
Rivas & Associates offers confidential consultations for individuals facing deportation, providing personalized strategies tailored to each client’s unique situation. Beginning with consultation to evaluate your case, we assess factors such as rehabilitation efforts and family ties to build compelling arguments for cancellation of removal. Our team explores various legal options to help clients avoid deportation.
During your consultation, we will review the details of your case to assess your unique circumstances. We will provide clear explanations of the cancellation of removal process and your potential case resolutions that will depend on a number of relevant factors and applicable strategy options in your particular case.
We strongly encourage individuals and families facing deportation from the United States to schedule a confidential consultation today by calling Rivas & Associates at (844) 37-RIVAS(844) 37-RIVAS or filling out our online form. Early intervention often leads to better resolutions, as starting early allows our lawyers to assess time-sensitive strategic options for your specific circumstances. We serve clients nationwide, with many originally from Mexico or from throughout Central America or South America. The majority of our staff consists of immigrants or first-generation Americans, so we have a deep understanding of your situation on a personal level. We are here to help you. Hablamos español.
Empowering Immigrants, Building Futures!
