Were You Given a Notice to Appear and Are Now Facing Deportation from the United States?
If you are in the United States because you entered illegally, or you entered with some sort of status such as a visa but overstayed the visa, or you became a lawful permanent resident but you’ve committed a crime in the US, these can all be grounds for why the government initiates deportation or removal proceedings against you.
Facing deportation can be very frightening and the thought of losing everything you have in the US and being separated from your family and sent to your home country can weigh heavily on you and your loved ones not only financially in dealing with this situation but its very emotionally stressful and can cause a lot of anxiety.
Until you are eligible to become a US citizen, anything you do in this country can have grave consequences for your immigration status and it could be the reason why the government puts you into deportation proceedings.
The Rahgozar Law Firm is here to represent you every step of the way in helping you build a successful defense to stay in the United States. Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to removal proceedings and can ensure you have a strong advocate on your side to defend your rights. Ms. Pegah Rahgozar and her team will find the best solution that works for you and your family. Contact Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 to discuss your options!
Call for a Consultation with Pegah Rahgozar
From initial determination of your best options through fighting your case in immigration court, Pegah Rahgozar will assist you and be the advocate you need by your side.
Pegah Rahgozar represents individuals in Houston, and surrounding areas, as well as across the great state of Texas. If your immigration court is outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented foreign nationals from all over the United States.
Common Grounds Why the Government Can Put You into Deportation Proceedings
A person who does not have valid status, or who has violated their status, can face removal proceedings. Some come grounds of deportation include:
- Violated the terms and conditions of your visa (for example: you entered with a tourist visa and stayed past the amount of time authorized for your stay; or you entered with a student visa and either fell below the required course load or began working when you were not authorized to do so);
- Falsified immigration documents, or lied to a consular or immigration officer about facts or documents pertaining to your case (for example: you lied about being married or having children, or did not disclose of such details);
- Falsely represented yourself as a U.S. citizen (for example: you stated you were a US citizen to gain entry into the US by showing false birth certificate; or you registered to vote or voted in a local, state, or federal election; or you filled out your I-9 employment verification document stating you are a US citizen to gain employment);
- Was not eligible to be admitted at the time you entered the country or you illegally entered the US;
- Violated the Alien Registration Act, or any other law pertaining to registration with the federal government;
- Committed marriage fraud (for example: by marrying a US citizen or permanent resident for the sole purpose of obtaining an immigration benefit such as a green card or you paid someone to marry you and help you get a green card);
- You are or will be dependent on government assistance (for example: you can’t financially support yourself to stay in the US and thereby you become a burden on the US government for financial assistance through the use of federal programs and assistance such as food stamps or Medicaid);
- Engaged in a high-speed flight from an immigration checkpoint;
- It is determined that you are a drug user or addict or an alcoholic (these can come up because of your past history or during your medical exam); or
- Committed one of several deportable offenses, including:
- An aggravated felony;
- A domestic violence offense;
- Two or more crimes of moral turpitude within five years of entry that result in being sentenced to more than a year in jail; or
- Human trafficking.
Of course, this is not an exhaustive list of grounds of deportation but these are common grounds why an individual is faced with deportation proceedings.
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How does the government find you and put you into deportation proceedings? Well some common ways are:
- ICE workplace raids
- When filing an immigration application or petition and your case is flagged by immigration
- If you commit a crime and are in custody by local law enforcement then you can be flagged and ICE can put a hold on you and transfer you into their custody
- In cases of permanent residents who have committed a crime but flew under the radar by ICE, once they travel outside of the US and are re-entering the US, they can be flagged at that point during the checkpoint with customs at a port of entry.
- If you are a student who falls below course load, or who stops attending school, the school can notify ICE that you are not maintaining your status or are no longer a student.
- In some instances, ICE can come find you at your home for overstaying a visa.
What Happens Once ICE Finds You and Wants To Put You Into Deportation Proceedings?
ICE begins the process of deportation by issuing a Notice to Appear (also known as an NTA) and serves it on you, to give you notice that deportation has started and when and where to attend your hearing in immigration court, before an immigration judge.
Once deportation proceedings have started against you, you will have to attend a few hearings. The initial hearing before the immigration judge is called a Master Calendar Hearing – this is where immigration judge will review the allegations and charges against you and ask how you plead to them. If at the time of the first hearing you have not yet hired an immigration attorney, the judge will give you more time to find an attorney to represent you. If you are ready to proceed at the first hearing, the pleadings on the NTA will be taken and the judge will ask what relief or defense from removal do you seek. At that time, if you are filing for anything or plan to file for anything you will let the judge know what it is. Then depending on how much additional time is needed on your particular case, the judge may reset for any additional master calendar hearings to receive updates on your case or receive further documents, or the judge may be ready to proceed with scheduling your case for trial which is called an Individual Hearing.
At the Individual Hearing (the “trial” or “Hearing on the Merits”) is where you and your attorney will have the opportunity to present your case, present evidence and testimony, and call any witnesses. The opposing side, which is the Trial Attorney for DHS will also be able to introduce evidence or cross-examine you or any witnesses you call. At the conclusion of your Individual Hearing the immigration judge will either read his oral decision or will let you know that he will make a written decision and you will be informed about it later. If you are unhappy with the judge’s decision, you can reserve appeal and appeal your case to a higher court.
Now That You Are In Deportation Proceedings, What Are Your Options?
Well each case is different and depends on various factors such as how you entered the US, how long you have been in the US, your ties to the US (such as any US citizen or resident spouse, children or other family members), your employment ties or other ties to the community, if you have any past immigration violations, or if you have any crimes.
Call for a Consultation with Pegah Rahgozar
Houston Immigration Lawyer Will Fight for Your Case
To prepare a proper case and make sure you build a strong defense will vary for each individual and their circumstances. Contact Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 to discuss your options. Sometimes on these issues, timing is everything, so speak to us as soon as possible about your case!
From initial determination of your best options through keeping you in the United States, Pegah Rahgozar will assist you every step of the way and be the advocate you need by your side.
Some common defenses that can be presented in immigration court are:
- Adjustment of status – if you are eligible to become a permanent resident based on family or employment petitions
- Cancellation of Removal – which is having your deportation and removal cancelled and being allowed to stay in the US and either obtain a green card or keep your green card.
- For permanent residents facing deportation, to qualify for cancellation of removal you must have lived in the US for 7 years in any status, and have been a permanent resident for at least 5 years, and not have been convicted of an aggravated felony, not be a terrorist, and not have been previously granted cancellation of removal
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- For non-permanent residents facing deportation, to qualify for cancellation of removal you must have continuously lived in the US for 10 years prior to being put into deportation proceedings or not have committed any crimes during that 10 years before being put into deportation proceedings, also you must be a person of good moral character, not have certain criminal convictions, and your removal must create extreme and unusual hardship on a US citizen or permanent resident spouse, child or parent.
- Asylum, Withholding of Removal, and Protection Under Convention Against Torture – is another defense from deportation if you fear that you were or will be persecuted, tortured, imprisoned, or killed if you were returned to your home country.
- For crime victims or victims of domestic violence there is relief from deportation under a U visa, T visa, or VAWA cancellation of removal
- Other eligibilities as defenses to removal are TPS (Temporary Protected Status) or DACA (Deferred Action for Childhood Arrivals) and these options can potentially help terminate deportation proceedings.
- Another defense from removal is Special Immigrant Juvenile Status (SIJS) available to juvenile’s who have been abandoned, abused, or neglected by one or both parents.
- Another common option from being formally ordered deported is the option to request Voluntary Departure and leave the US within the timeframe the immigration judge orders.
Pegah Rahgozar represents individuals in Houston, and surrounding areas, as well as across the great state of Texas. If you reside outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented foreign nationals from all over the United States and helped them avoid deportation and secure their stay in the United States.
Call for a Consultation with Pegah Rahgozar
Need Help Going Before an Immigration Judge? DON’T DO IT ALONE — A Houston Immigration Attorney Can Help!
With profound knowledge of immigration law and years of experience in the field, Pegah Rahgozar is able to provide top-notch immigration legal defense to individuals facing deportation in the Greater Houston area. Don’t hesitate to call Pegah Rahgozar Houston immigration attorney at (832) 792-3636 and talk to the best immigration attorney for your immigration removal proceedings.
Pegah Rahgozar is ready to lend a helping hand. She assists individuals based in the Greater Houston area such as the Energy Corridor, Greenway Plaza, The Woodlands, the Galleria Area, Clear Lake, Sugar Land, and other locations.
If you have any issues with the immigration court process and what cases you are eligible to file before an immigration judge, feel free to call Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 and make an appointment.
Helpful Information for Immigration Court
The Department of Justice manages the Executive Office for Immigration Review (EOIR).
Houston has two (2) immigration courts which handle detained and non-detained individuals.
- Houston Immigration Court (Detained)
Houston Service Processing Center
5520 Greens Road
Houston, TX 77032
Phone: 281-594-5600
- Houston Immigration Court (Non-Detained)
Continental Center II
1801 Smith Street, 9th Floor
Houston, TX 77002
Mickey Leland Federal Building
1919 Smith Street, 6th Floor
Houston, TX 77002
Phone:
1801 Smith Street: 713-718-3870
1919 Smith Street, 6th floor: 713-751-1514
1919 Smith Street, 14th floor: 713-751-1500