Deportation

Deportation Attorney Austin

Our team of Austin-based attorneys are here to help solve all types of immigration problems that may lead to removal. These can include:

Violations of immigration laws — These can include having an expired visa, entering the U.S. illegally, working without authorization and creating fake immigration documents. While most immigration violations are civil offenses, which means you won’t go to jail for them, they can still result in deportation.

Criminal charges — If you are convicted of a felony or any other crime that pertains to moral character, you may be removed from the U.S. Some common crimes of this type include drug sales, domestic violence and weapons offenses.

Other reasons for deportation — Even simple errors on immigration documents can put someone in jeopardy of removal, such as a misspelling of names.

What are the Consequences of Deportation?

An individual may face deportation, or forced removal, from the United States when they have an expired visa or violate provisions of U.S. immigration law. This may include violating state laws as well.

U.S. Immigration Courts have jurisdiction over deportation cases. If you or your loved one doesn’t fall under any exceptions or provisions of law that allow them to remain in the United States, these courts can issue an Order of Removal. An Order of Removal has several conditions, including that the individual being deported is inadmissible to the United States for ten years.

Are You Eligible For Cancellation Of Removal?

Obtaining cancellation of removal is the most common way to avoid deportation. But not all people are eligible, certain requirements must be met. Such as those listed below:

If you are a lawful permanent resident (a green card holder), you must:

File Form EOIR-42A

Have no aggravated felonies on your record

Have had a green card for at least five years

Have been lawfully living in the U.S. without interruption for at least seven years

If you are not a permanent resident, you may be able to obtain a green card and avoid removal if you:

File Form EOIR-42B

Have lived in the U.S. without interruption for at least 10 years

Have demonstrated good moral character while you were here

Have family members who are citizens or lawful permanent residents, and those family members would suffer severe hardship if you were deported

Our lawyers are also skilled in other ways of obtaining cancellation of removal for clients. Even if you don’t meet all the requirements above, talk with us about your options.

What about a Voluntary Departure?

Voluntary Departure is essentially deportation without an Order of Removal, and it may or may not have been preceded by a hearing before an immigration judge. A Voluntary Departure is a concession that the United States has the authority to issue an Order of Removal where the person voluntarily agrees to depart the United States. Agreement to Voluntary Departure waives any other relief available, and waives any appeal. However, with a Voluntary Departure, there is no bar to the individual to seek admission to the United States at any time in the future.

Voluntary Departure has consequences if you don’t leave within the time granted. This person may be subject to fines, a ten-year bar to readmission, and bars to other forms of relief that are sometimes available to individuals who are subject to an Order of Removal. They are also subject to immediate deportation without any hearing—essentially, their Voluntary Departure becomes an Order of Removal, and, even if they depart voluntarily at that point, it is treated under U.S. immigration law the same as a deportation, and it carries with it the ten-year bar to readmission.

When Should You Seek Deportation Legal Advice?

If you don’t want to be deported, contact Jarvis, Garcia, & Erskine Law, immediately to evaluate your case. Texas immigration attorneys can advise clients on viable alternatives to deportation, including seeking an adjustment of status or finding other provisions of law that may assist their case as well as advise when Voluntary Departure may be the best option, and what the individual’s options are for the possibility of returning to the United States at a future date, if that is what they desire.

Jarvis, Garcia, & Erskine Law, can help if you or someone you know is facing a deportation case. Contact us now at 512-359-3030.

When Should You Seek Deportation Legal Advice?

If you don’t want to be deported, contact Jarvis, Garcia & Erskine Law immediately to evaluate your case. Our Austin Texas immigration attorneys can advise clients on viable alternatives to deportation, including seeking an adjustment of status or finding other provisions of law that may assist their case as well as advise when Voluntary Departure may be the best option, and what the individual’s options are for the possibility of returning to the United States at a future date, if that is what they desire.

Jarvis, Garcia, & Erskine Law, can help if you or someone you know is facing a deportation case. Contact us now at 512-359-3030.