Connecticut Deportation Defense Lawyer
We Can Protect Your Rights Across Connecticut: (203) 753-7300
Few things can make a person feel more frightened and isolated than facing deportation after an arrest. Also known as removal, deportation involves a hearing to determine if you will be removed from the country. Upon deportation, you will be removed from your job, your new home, your friends, and your family. Unfortunately, small run-ins with the law can suddenly take your American dream and make it seem farther away than ever before. However, with our Connecticut immigration attorneys at the Law Offices of James A. Welcome, your dream can be easier to achieve!
How We Can Help With Deportation Defense
Our lawyers have over 17 years of experience handling complicated immigration issues, including deportations. We have the resources and information you need to aggressively defend your rights as an immigrant or nonimmigrant. Our Connecticut deportation defense lawyers can provide many important services to you and your family during this difficult time, including:
- Helping you understand your rights and legal options
- Providing sound and trustworthy legal advice
- Explaining what to expect during removal proceedings
- Aggressively pushing to have your deportation proceeding dropped
- Creating a defense strategy based on the grounds for deportation or removal
- Helping you fight for your right to stay in the country
- Assessing solutions such as seeking a waiver, appeal or asylum
- Taking your case to the federal appellate level, if necessary
We can handle high-stakes deportation cases and complex immigration matters that require special knowledge, as well as routine immigration issues. Attorney Welcome can take over cases that are already far into removal proceedings and need saving. Our law firm can also assist with immigration matters from the beginning to help you avoid major issues.
Were You Detained After an Alleged Criminal Offense?
An undocumented immigrant who has been accused of even a minor crime could be subject to deportation. These seemingly minor offenses could suddenly put you at risk of being separated from your beloved family members and friends. As an experienced trial lawyer, Attorney James A. Welcome is not afraid to represent your interests in court.
You could be facing deportation if you have committed any of the following offenses:
- Marriage fraud
- Criminal offenses
- Domestic violence
- Failure to register legal documents
- Violation of a protective order
- Violation of conditions of entry
- Any acts that threaten homeland security
Our legal team works hard to help ensure that you can avoid deportation and stay with your family and friends in the United States. We utilize our knowledge of the law and seasoned investigative skills to help identify any error that was committed by a public defender, law enforcement officer, or criminal defense attorney.
What Are Your Rights as an Immigrant?
You might be under the belief that as an immigrant, you have no rights. However, this is not the case. Both documented and undocumented immigrants in America have certain legal rights. Even if you are facing deportation, you still have these rights. Three essential rights you need to know are:
- The right to counsel (a lawyer)
- The right to a hearing
- The right to an interpreter
Once the letter of deportation has been served, law enforcement does not have the right to immediately deport you. You have the right to a hearing, where your defense attorney can advocate for your right to remain in the country.
Throughout the legal process, you also have the right to an interpreter to make sure you fully understand what is going on and that your voice is heard. We proudly represent English, Spanish, and Portuguese speakers during deportation defense cases.
How Do You Defend Deportation?
Deportation defense means to advocate for an immigrant who is facing removal from the country, often before an immigration judge in court. The main objective is to prove that you have legal grounds to remain in the United States. An immigration judge has the power to waive deportation if certain factors apply, such as proof of an immigrant’s qualifications for staying in the country.
Several defense options may be available for an immigrant who is facing potential elimination or deportation. You may be able to dispute allegations against you to keep your current immigration status or qualify for grounds to remain in the U.S. despite allegations. If it is not possible to avoid deportation, a lawyer can work to reduce the adverse effects of being removed, such as through voluntary departure. A Connecticut deportation defense attorney can provide the strongest possible defense based on the specific facts of your case.
Cancellation of Removal
Cancellation of removal is a request asking the immigration courts to allow you to keep your green card as a permanent citizen and avoid deportation proceedings. Only certain people are eligible for cancellation of removal. Immigrants who have committed minor offenses and can prove that their good behavior outweighs these offenses can qualify for cancellation of removal.
If you are a nonpermanent resident of the U.S. and never had a green card, you may still qualify for cancellation of removal if you can show that you have been a resident of the U.S. for at least 10 years, have not been convicted of any deportable crimes, are an ethical person and that your deportation would lead to extreme hardship for a relative that is living in America, such as a minor child.
If you have an old criminal conviction, you may be able to use Section 212(C) of the law to waive or forgive the conviction as a lawful permanent resident of the U.S. These waivers are available in some cases where the immigrant pled guilty to a criminal conviction prior to April 24, 1996. If the conviction was after this date but before April 1, 1997, you may still be able to apply for this type of waiver. In this case, however, the waiver will not apply to aggravated felonies after April 24, 1996.
Apply for Adjustment of Status
An adjustment of status is a request to become a lawful permanent resident using a petition from a relative (Form I-130) who is a U.S. citizen or has a green card. This may be possible due to a recent marriage or the current priority date. Many immigrants are not aware that this is a possibility until they talk to an immigration lawyer while facing an issue regarding deportation.
If you fear returning to your home country, your lawyer can help you request political asylum or withholding of removal. This strategy requires proof that you have been persecuted in your home country, live in reasonable fear of future persecution or will most likely be persecuted by your country’s government under one of five protected grounds. A lawyer can help you apply for political asylum in the U.S. or submit a refugee application form.
A U-visa (or U nonimmigrant status) may be a possible deportation defense if you are a victim of a certain crime (such as domestic violence or sex trafficking) who suffered mental or physical abuse and you are useful to government officials or law enforcement in the investigation of criminal activity. If you qualify for a U-visa, you may be protected from deportation in certain situations.
If these defense options do not apply to the circumstances of your case, your lawyer may recommend voluntary departure instead. This does not prevent deportation from the U.S., but it does protect you from some of the negative consequences of deportation, such as a removal action on your official record. This can make it easier to return to the U.S. in the future.
You may qualify for voluntary departure if you have been living in the U.S. for at least one year, have proof of an ethical character for the past five years, were not convicted of an aggravated felony or terrorism, you can pay your own way back to your home country, and you can post your departure bond. Learn more about defense options when you talk to Attorney Welcome about your case.
Experienced Trial Lawyers on Your Side
Lead Attorney James A. Welcome is a member of the National Trial Lawyers Association, and our legal team is not afraid to go to court on your behalf. We have devoted our years of experience, knowledge, and practice to defending the rights of undocumented immigrants throughout Waterbury and Norwalk. Due to our significant experience in the Appellate Courts, we can represent your appeals case and we can work hard to help your loved one return home after a wrongful deportation.
We Work Fast for Results You Can Trust
Get the hard-hitting representation you need from the outset! By retaining a skilled Connecticut deportation lawyer from the Law Offices of James A. Welcome, we will do whatever is in our ethical power to help you avoid deportation and return you to your pursuit of citizenship. Contact our deportation defense firm today to learn more about our adept qualities in deportation defense and deportation appeals!
We proudly represent English, Spanish, and Portuguese speakers throughout New Haven County, including Danbury, Norwalk, and Waterbury. Contact us today at (203) 753-7300.