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Deportation Defense

San Marcos Deportation Defense Attorneys

Aggressive Deportation Defense Representation in Hays County

Few things are more frightening than learning you have been targeted for removal from the United States. You want nothing more than to stay in and contribute to this country of opportunity, but suddenly, the life you have worked so hard to build is now at risk. Deportation proceedings can be daunting, but you do not have to go through them alone. With so much at stake, you need an experienced legal professional on your side.

At The Law Offices of David C. Hardaway, we are passionate about preserving the lives our clients have built in the United States and will fight hard to protect them from removal. Our San Marcos deportation defense lawyers are prepared to aggressively advocate for you throughout every stage of this process and will leave no stone unturned in our pursuit of a favorable outcome. We recognize the unimaginable stress you are no doubt experiencing and are committed to relieving your burden wherever possible. No matter your circumstances, you can trust your case will be in good hands. 

Discuss your deportation defense options in a free initial consultation by calling (512) 846-9966 or contacting us online. Se habla español.

What Are the Grounds for Deportation from the United States?

U.S. citizens cannot be deported, but any non-citizen can be removed under specific circumstances. Even lawful permanent residents – non-citizens with green cards – can potentially be removed.

The most common way to become targeted for removal, however, is to be in the United States unlawfully. You are considered unlawfully present in the U.S. if you are physically located in the country without a valid visa. If you enter the country without a visa, you are unlawfully present. You are also unlawfully present if you overstay a temporary visa that expires, and you can lose your temporary visa (and thus become obligated to leave the country or face formal removal) if you violate any of the rules associated with it.

Anyone with a valid visa, including a green card, can be targeted for removal if they are convicted of certain types of crimes. These deportable offenses include aggravated felonies, drug crimes, family violence crimes, firearms offenses, and crimes involving moral turpitude. Because some of our San Marcos deportation defense attorneys are also criminal defense lawyers, we are uniquely positioned to assist non-citizens who have been charged with any of these offenses and are thus at risk of deportation.

Finally, any non-citizen with a valid visa can be deported for certain acts of fraud. This covers any act of deception leveraged to obtain an immigration or government benefit. You can be targeted for removal if you entered a fraudulent marriage to get a family-based green card, for example.  

What Are Some Common Deportation Defense Strategies?

If you are being targeted for removal, you could be arrested and detained ahead of your hearing. You may also receive a “Notice to Appear,” which will inform you of your being placed in removal proceedings and include a date, time, and location of your initial hearing. You must attend this hearing, or you will likely face immediate removal. 

Get in touch with The Law Offices of David C. Hardaway as soon as you can after being detained or receiving a Notice to Appear. We will review your situation and give you an honest assessment of your defense options.

Some of the most common deportation defense strategies include:

  • Criminal waivers. If you are being targeted for removal because of a criminal conviction, we may be able to help you get a waiver that effectively circumvents the otherwise disqualifying offense.
  • Noncriminal waivers. If you are considered non-criminally inadmissible to the United States because of immigration fraud, financial instability, or a disqualifying health condition, noncriminal waivers may be available.
  • Requesting an adjustment of status. In some cases, you may qualify for a green card through family immigration or employment immigration if you have a loved one or U.S. employer that is willing to sponsor you. This path is only available if you are considered admissible to the United States. 
  • Seeking a U visa or a green card through VAWA. If you are the victim of family violence or human trafficking and are willing to cooperate with law enforcement in the prosecution of the crime you were subject to, you may be eligible for a U visa, which will allow you to stay in the United States. The Violence Against Women Act (VAWA) is designed to protect immigrants of all genders who suffered abuse at the hands of their U.S. citizen or lawful permanent resident spouse.
  • Voluntary departure. If no viable deportation defense is available, it may be in your best interest to voluntarily depart the United States. This can help you avoid automatic inadmissibility to the U.S. for many years, which can in turn preserve access to future immigration options.

This list of removal defense strategies is by no means exhaustive. Our San Marcos deportation defense lawyers will work closely with you to evaluate and pursue all of the options available in your case. 

Our firm takes deportation cases in many areas throughout the region, including but not limited to San Antonio, Seguin, Gonzales, Bastrop, Wilson, Medina, Guadalupe, Caldwell, Comal, Bexar, and Blanco Counties. Call (512) 846-9966 or contact us online today.