Deportation & Removal

Deportation and removal are among the most difficult and complex areas of immigration law. In Stamford, Connecticut, removal proceedings often jeopardize an individual's most important rights. Hiring an experienced and knowledgeable deportation defense attorney can make all the difference. At The Law Offices of Rashmi N. Patel, our number one priority is to ensure our clients receive representation from an attorney who is experienced, knowledgeable, and aggressive in fighting to prevent unjust deportation or removal from the United States.

Why Work With a Deportation Defense Attorney?

Deportation defense is complex and can have life-altering consequences. Working with an experienced deportation defense attorney can significantly improve your chances of success. Here's why:

Expert Knowledge: Deportation defense attorneys specialize in immigration law and understand the intricate details of the legal system, which helps you navigate the complexities of your case.

Protecting Your Rights: A deportation defense attorney ensures your rights are upheld throughout the process, advocating on your behalf to achieve the best possible outcome.

Tailored Defense Strategy: A skilled attorney will develop a defense strategy specific to your case, identifying opportunities for relief and making sure all legal avenues are explored.

Peace of Mind: Deportation proceedings can be overwhelming. Having an experienced attorney by your side provides guidance and reduces the stress of navigating the legal system.

Appeal Representation: If your case is denied, a deportation defense attorney can assist with appeals, enhancing your chances of avoiding deportation.

Protecting Detained Immigrants from Deportation

Our firm focuses extensively on cases involving immigrants who are currently detained in immigration detention centers. When an immigrant is detained, the federal government can keep them for an indefinite amount of time, even if no crimes have been committed or proven. Attorney Rashmi Patel travels to detention centers across the nation to see if they are eligible for release on bond and to determine what their reliefs from removal are. At The Law Offices of Rashmi N. Patel, we are compassionate and understand the worries, fears, and stress individuals may experience when faced with deportation or removal from the United States. We do our best to work with the individual and their families to cope with these fears. We are dedicated to fighting your removal from the United States by assisting you in filing the appropriate applications, obtaining necessary documentary evidence, preparing you and your witnesses to testify, and representing you before the immigration court if necessary.

First Step - Bond Hearing

At the bond hearing, the immigration judge will consider evidence and determine whether an individual should be released from custody on bond while removal proceedings are pending. Bond hearings are separate proceedings from the removal proceedings. It is also important to know that during bond hearing, an immigration judge considers any and all information presented by both parties, regardless of whether such information would be allowed in removal proceedings, such as positive factors of the respondent, family ties to the United States, employment history of the respondent, and other factors presented. 

Second Step - What If Bond May Not Be Available

Many immigrants who have committed certain crimes may not be eligible for release on bond. Attorney Rashmi N. Patel can still help an individual avoid deportation and try to convince immigration customs enforcement officers to release an individual from immigration detention on what is called parole or supervised release. If you are currently detained or have a loved one detained, please contact an immigration attorney immediately.

Third Step – Determine What, If Any, Relief Is Available

There are several forms of relief for immigrants who are facing removal (deportation). These remedies include:

Cancellation Of Removal

Cancellation of removal in immigration law is a legal remedy that allows individuals who are subject to removal proceedings to avoid deportation and removal from the United States. Individuals requesting relief have to submit a cancellation of removal application and give reasons why an immigration judge should grant the application. The eligibility requirements include no criminal convictions or arrests, unusual hardship on the spouse or children due to the removal, and continuous physical presence in the United States for a certain period of time. If the application is granted, then the applicant can often remain as a lawful permanent resident. Individuals can only be granted a cancellation of removal once during their lifetime, and the grounds for seeking removal are limited under Unites States law. Contact our office to see whether or not you may qualify for this remedy.

Asylum

Asylum is the legal protection afforded by the United States government to a person who can demonstrate a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group. Asylum applicants seek protection from deportation after having entered the United States, legally or illegally. Those who can demonstrate a credible fear of returning to their home country due to past persecution based on any of the five protected grounds may receive status in the United States. However, status is never guaranteed. Contact our office to see whether or not you may qualify for this remedy.

Withholding of Removal or Deportation

This remedy is similar to asylum but has very distinct results. A withholding of deportation prohibits the government from deporting the immigrant to his home country, but it does not permit the immigrant to apply for permanent resident status within the United States. Contact our deportation defense attorney in Stamford, Danbury, and Hartford, CT to see whether or not you may qualify for this remedy.

Adjustment of Status to Permanent Resident

The first step in the adjustment of status process is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions. To see the many different ways to get a green card, see USCIS.gov.

Waivers of Deportability & Inadmissibility 

Waivers may be used to overcome inadmissibility and deportability in removal proceedings. Inadmissibility grounds may arise in several ways during a removal proceeding. Usually an individual is being placed in removal proceedings based on an inadmissibility ground under INA §212(a) or based on the deportability found under INA §237(a)(1)(A). The respondent may apply for a waiver of inadmissibility in removal proceedings only to overcome removability based on inadmissibility or to establish admissibility for purposes of adjustment of status. Six specific waivers of inadmissibility: