Slidell Immigration Removal Services Lawyers
Strong representation when you’re facing deportation in Slidell
Removal proceedings are emotionally challenging. While a favorable outcome allows you to remain in the United States, an adverse decision may require you to leave the country that has been your home, possibly for an extended period. In contrast to criminal cases, those facing removal do not have an inherent right to the legal representation they deserve. At the Law Office of James A. Graham, our Slidell immigration lawyers offer firm and experienced representation to individuals threatened with removal. We advocate for clients at every stage of the immigration process, explain the intricacies of removal proceedings, and present compelling arguments on their behalf. If you or a loved one is facing a request to leave the United States, contact us in Slidell promptly.
How can we help?
- Why would the government begin removal proceedings?
- How do removal proceedings start in Slidell?
- How does someone contest removal proceedings in Slidell?
- Am I eligible for cancellation of removal?
- Can a person in removal proceedings request a waiver?
- Can I seek an Adjustment of Status to avoid deportation?
- What is “voluntary departure”?
- Do you have a Slidell immigration lawyer near me?
Why would the government begin removal proceedings?
Removal, commonly known as deportation, is frequently linked to criminal conduct and arrests. Although these are typical grounds for removal, the U.S. Department of Homeland Security can also instigate removal proceedings for various reasons, including:
- Receiving public assistance while holding a green card
- Entering the U.S. without proper inspection
- Failing to update address changes
- Engaging in fraudulent marriages to gain entry to the U.S.
- Committing illegal voting
- Providing misrepresentations to secure a visa
- Overstaying a visa
- Working without the appropriate visa
- Other violations of immigration laws
How do removal proceedings start in Slidell?
Immigration and Customs Enforcement (ICE) can initiate removal proceedings by issuing a "Notice to Appear," outlining the grounds why you may be residing in the U.S. illegally or that warrant removal from the country. An immigration court will typically reach out to you about four weeks after receipt of this notice.
The removal process involves an initial hearing, known as a "master calendar hearing." This hearing may occur anywhere from a few months up to a year after receiving the initial notice.
Following the initial hearing, you will be required to attend one more individual hearing to assess the validity of your claim. Our attorneys can provide representation at both hearings.
Should the immigration judge determine that deportation is warranted, our legal team can assist you in applying for relief from removal.
How does someone contest removal proceedings in Slidell?
At the Law Office of James A. Graham, we will aggressively present all available defenses, which may include:
- Challenging the validity of the government's charges
- Arguing that any committed offenses do not justify the removal
- Seeking asylum by asserting that your life may be in danger if you return to your home country
- Submitting a waiver request
- Petitioning for a reconsideration, reopening, or remand of your case
- Demonstrating your citizenship
- Applying to overturn removal based on your good moral character
- Pursuing a green card
- Employing other defenses depending on the grounds for removal
Am I eligible for cancellation of removal?
Both non-immigrants and lawful permanent residents have the option to request cancellation of the removal. If approved, this permits you to continue residing in Louisiana. For those who are not lawful permanent residents, eligibility may be established if you demonstrate:
- Presence in the U.S. for a period of 10 years or more
- “Good moral character" for a duration of 10 years or more
- No disqualifying criminal convictions
- Having a spouse, parent, or child under 21 who is a U.S. citizen or lawful permanent resident and to whom deportation would cause "exceptional and extremely unusual hardship"
If you are a lawful permanent resident (LPR), eligibility criteria include:
- Being an LPR for five years or more
- Maintaining continuous residence in the U.S. for seven years or more
- No aggravated felony convictions
- No prior grant of removal cancellation or related relief
The Judge recognizes the merit of your request to cancel the removal
Can a person in removal proceedings request a waiver?
Certain removal proceedings may be initiated due to the individual being "inadmissible" upon entry to the U.S. Eligible individuals may be granted a waiver by demonstrating hardship to immediate family members, such as a spouse, child, or parent, resulting from the removal.
Some individuals may qualify for a waiver if they have engaged in fraudulent activities, committed a crime, or other wrongdoing, and the removal would result in extreme hardship for a spouse, parent, or child who is either a U.S. citizen or an LPR.
The eligibility for certain waivers depends on the individual facing removal having a family relationship with a U.S. citizen or LPR, while other waivers may not require a family connection. Our immigration removal lawyers in New Orleans will clarify when an inadmissibility waiver can be sought and the associated requirements by considering the numerous categories of waivers available.
Can I seek an Adjustment of Status to avoid deportation?
A foreign national in removal proceedings may have the option to pursue an adjustment of their immigration status, potentially allowing them to become a lawful permanent resident and avoiding deportation. Typically, eligibility for adjustment of status through Form I-485 is extended to spouses, children, parents, or widows of U.S. citizens. Our legal team will provide guidance on when and how to file for an adjustment of status and assess whether you meet the qualifications for such a status adjustment.
What is “voluntary departure”?
If all available options have been exhausted and you are confronted with removal, you might want to consider voluntary departure as an alternative to involuntary removal. Opting for voluntary departure not only offers a more comfortable departure process, but may also facilitate a potential return if the underlying issues are addressed from abroad. To be eligible for voluntary departure:
- The grounds for removal must not be "aggravated"
- The individual must be able to cover their departure costs
- The departure must occur within the timeframe set by the immigration judge
- The individual must demonstrate good moral character over the preceding five years
In cases where the immigration judge mandates your removal (or the removal of a family member), we can file a Petition for Review with the Board of Immigration Appeals or potentially with the U.S. Court of Appeals. At the Law Office of James A. Graham, our team is committed to keeping your family together—in the United States.
Do you have a Slidell deportation lawyer near me?
The Law Office of James A. Graham is located at 1929 2nd St. #A in Slidell, and also in New Orleans. Our immigration lawyers represent clients across South Louisiana, and if you cannot travel to Slidell, we also offer phone or video conferences.
Contact our skilled Slidell immigration lawyers today
At the Law Office of James A. Graham, our team knows how stressful removal proceedings can be, especially when you receive a negative outcome. To present an aggressive response to removal proceedings, call us or fill out our contact form to schedule a consultation with our experienced Slidell immigration attorneys today.