Deportation Defense Attorney in Omaha
Stopping Deportation/Removal from the U.S.
The United States government has the power to force immigrants to leave the U.S. and return to their home countries in a process known as deportation (or removal). While there are some valid reasons for removal, the federal government’s recent focus on immigration has led to an increased number of deportations nationwide—tearing families apart and altering individual lives in the process.
At Carlson & Blakeman, LLP, we are committed to standing up for immigrant communities and protecting their rights. Based in Omaha, our deportation defense attorneys fight to help families stay together by defending immigrants against removal proceedings. There are many options for staying in the U.S., and our immigration law team can help you understand your rights and advocate for you throughout the process.
Why You Need an Experienced Attorney
It is extremely important that you work with an experienced immigration attorney if you or a loved one is facing deportation. Those facing removal must navigate many complex steps and are required to appear in multiple removal hearings. These hearings are initiated by the Department of Homeland Security, Immigration and Customs Enforcement (ICE) division.
At any stage of the removal process, having an attorney by your side is one of the best ways to protect yourself.
Your attorney will be able to review all possible available defenses to deportation and build a powerful case on your behalf. Your attorney will be able to protect your rights in interactions with ICE officers and advocate for you in removal hearings. Simply put, working with a knowledgeable and experienced deportation defense attorney puts you at a distinct advantage and greatly improves the likelihood of an ideal outcome.
At Carlson & Blakeman, LLP, we truly care about our clients, their families, and their futures. We understand the stress you are under, and we are here to help. When you choose our firm, you will receive personalized, attentive legal counsel, direct communication, and aggressive advocacy throughout the entire process. We are committed to doing everything in our power to stop removal proceedings and keep your family together.
When Can Someone Be Deported?
The U.S. government can deport a foreign national for a variety of reasons.
Some common legal reasons for deportation include:
- Entering the U.S. without inspection (e.g., crossing the border without paperwork)
- Overstaying a visa or otherwise violating the terms of a visa
- Working in the U.S. on a tourist visa or another visa that does not permit employment
- Failing to notify U.S. Citizenship and Immigration Services (USCIS) of an address change
- Committing a crime, such as fraud, domestic violence, alien smuggling, or drug offenses
- Violating federal immigration laws, such as entering a fraudulent marriage
- Prior Deportation or Removal order
Someone may become the subject of removal proceedings if their entry without inspection or expired visa status is made known to ICE by another person or entity. ICE may also begin deportation after conducting a workplace raid or finding valid grounds for removal during a failed visa renewal or citizenship application. In any case, those facing removal do have rights, including the right to challenge deportation.
Common Defenses to Deportation
There are many possible defenses to deportation. Some of the most common include:
- Applying for Permanent Residency: In some cases, it may be possible to apply for permanent residency or adjustment of status (also known as a green card) as a defense to removal. This option is only available to those with an approved immigrant visa petition.
- Seeking Asylum: Individuals who have faced or fear persecution based on certain protected classes, such as race or political affiliation, in their home countries may be able to seek asylum in the U.S., as well as relief under the Convention Against Torture.
- Deferred Action for Certain Childhood Arrivals (DACA): People who entered the U.S. as children, went through the U.S. education system, and have not left the country for more than the allowed period of time may be eligible for DACA. This is a currently developing area of immigration law; contact our attorneys for more information.
- Petition to Remove Conditions on Residency Petition: Immigrants who fail to file a petition for removal of condition on residence (Form I-751), or who have their petitions denied, may face removal. This can be halted by refilling the petition in court.
- Obtaining a Criminal Waiver for Past Offenses: If an immigrant faces deportation based on past criminal offenses, they may file various criminal waivers, to forgive the criminal conduct and upon a showing of hardship to qualifying family members.
- Applying for Cancellation of Removal: An Immigrant who is before the Immigration Court may apply for Cancellation of Removal for Non-Permanent Residents, if they have been in the United States for at least 10 years, have qualifying citizen or permanent resident family members who would suffer hardship without them, and if they have not committed serious crimes. The requirements for this common application can be complex, so it is critical to have an attorney advocating for you to be successful.
- Filing a Motion to Terminate or Suppress: In some cases, it may be possible to halt deportation on the basis of constitutional due process rights violations during ICE or other law enforcement detainment, as well as errors in the legal removal proceedings.
These examples represent only a few of the possible deportation defenses available to those facing removal proceedings. Every case is unique, and our attorneys at Carlson & Blakeman, LLP can help you evaluate which options may be available in your specific situation.
Carlson & Blakeman, LLP Is Ready to Fight for You
If you or a loved one has been detained by ICE or is facing removal from the U.S., reach out to our Omaha deportation defense attorneys right away. We can meet with you during a private consultation to discuss your legal rights and options. Our attorneys work quickly and efficiently to obtain supporting evidence and put together powerful cases for our clients. We understand the law, and we know how to navigate the system.
Our firm can represent you or your loved one every step of the way, including in initial proceedings, detained proceeding cases for those in custody, master calendar and merit hearings, and appeals. We are prepared to handle all necessary paperwork and will work to ensure you do not miss any important deadlines or steps that could jeopardize your immigrant status or residency in the U.S.
We are happy to answer any questions you may have and provide detailed information regarding your unique options during a complimentary consultation. We are one of the few law firms in the Omaha area to offer fully fluent Spanish-language legal services.