The Vergara Law Group believes that the family unit is the foundational cornerstone of our community and keeping families together is of utmost importance. Unfortunately, sometimes families can be torn apart if an individual is placed in deportation or removal proceedings. If you or your loved one have been placed in deportation or removal proceedings, the Vergara Law Group is committed to defending your rights. Our attorneys have years of experience working with the immigration court representing a variety of cases.
This experience makes us uniquely qualified to represent clients with:
- Criminal and deportation issues
- Waivers of Inadmissibility
Our firm is regularly called upon to consult on complex criminal matters and the immigration consequences of such convictions. As a seasoned criminal defense attorney and immigration law practitioner, Attorney Earl A. Vergara of the Vergara Law Group understands the impact a criminal record can have on your immigration status. While we can’t guarantee success in your case, we can help you find the most promising approach in avoiding deportation or removal based on the unique facts of your case, criminal background, immigration status and the grounds for deportation. At the very least, we will provide you with honest advice about your options and even if there is no solution, we will let you know.
Deportation, now known as removal, occurs for a number of reasons. First, if you are present in the United States illegally, you can be placed in removal proceedings and then removed from the country. This can happen anytime you are present without a lawful status. Second, if you are a permanent resident (green card holder) you can also be placed in removal proceedings if you meet certain requirements.
The grounds of removability for residents can be found in the Immigration and Nationality Act of 1952, §237(a)(1). There are several non-criminal grounds for removability, including failure to report a change of address, committing marriage or document fraud, or smuggling another alien into the country. An immigrant may also be removed if they pose a security threat to the country.
The criminal grounds for removability include committing a crime involving moral turpitude which include, but are not limited to, an aggravated felony, drug-related crimes, multiple DUI’s, domestic violence, etc. There is no set definition of a crime involving moral turpitude or an aggravated felony; therefore it is important that you have an immigration attorney involved in your case early on to ensure that you receive the best outcome available to you.
If you are deemed removable by the government, they will issue a Notice to Appear and a court hearing will be scheduled for you. If you have committed a crime, you may be arrested and detained at a detention center throughout the removal proceedings. If an immigration judge decides that you should be removed from the country, you will be deported to your country of residence.
There are many defenses available to individuals who are placed in removal proceedings. What defenses are available to you will depend on the unique facts of your case. It is important for you to openly discuss any and all criminal issues you may have with your attorney. Your attorney can only determine how to best proceed with your case if you disclose everything about your criminal and immigration history.