Fairfax Deportation Lawyer
Fayad Law, P.C. helps clients fight back against deportation orders, so they can remain in the United States.
If you have not completed the naturalization process, you run the risk of deportation. The government can begin removal proceedings due to a criminal conviction, illegal border crossing, or another issue. If you’re facing deportation, you likely feel scared and even hopeless. You might think that there’s nothing you can do, but that’s far from the case. Fayad Law, P.C. has helped numerous Fairfax residents win deportation cases, allowing them to stay in the United States.
A Fairfax deportation lawyer will examine the evidence and develop a legal strategy to help you stay in the country. With more than 20 years of combined experience, we understand the complexities of these cases and can build a defense on your behalf. Don’t try to face the immigration courts yourself. Contact an experienced lawyer to ensure that you mount the best legal defense possible for your case.
Grounds for Deportation
Our Fairfax deportation lawyer has represented clients facing removal for various reasons. Common grounds for deportation include:
- Criminal convictions for domestic violence, drug crimes, gun crimes, crimes of moral fortitude, and aggravated felonies
- Fraudulent paperwork
- Illegal border crossings
- High-speed flight from an immigration checkpoint
Why Choose Fayad Law, P.C.
- Covers All Aspects of Immigration Law – We help clients with citizenship and naturalization, appeals and bonds, asylum, and other aspects of immigration law.
- Multilingual – We are fluent in English, Arabic, French, Russian, and Spanish, allowing us to provide legal services to immigrants from around the world.
- More than 20 Years of Experience – Our experienced legal team understands the immigration system, and we use our legal experience and insight when representing our clients. Our first-hand experience as immigrants also helps our clients navigate the complex immigration system.
- Personal Attention – As a boutique law firm, we limit our caseload to ensure we can provide personal attention to each client that we serve.
- Ethical and Sound Legal Counsel – Nash Joseph Fayad has a reputation for providing ethical and sound legal counsel and was appointed to serve as Special Counsel to the Commonwealth of Virginia for all immigration matters.
Cancellation Of Removal
Your Fairfax deportation lawyer might argue to get a cancellation of removal. This is possible for both non-lawful permanent residents and green cardholders. If you are a non-lawful permanent resident, you might be eligible for cancellation of removal if you’ve been in the United States for at least 10 years. You must have a track record that shows good moral character and cannot have any disqualifying criminal convictions. Finally, you need to have a spouse, parent, or child who is a lawful permanent resident or a United States citizen. He or she must face extreme hardship if you are deported.
If you are a green card holder, you must meet four criteria to qualify for a cancellation of removal. First, you must be able to show that you’ve been a lawful permanent resident of the United States for a minimum of five years. You also must have resided in the country full time for seven years or longer. You cannot have any aggravated felony convictions on your record. Also, you are only eligible if you have not received a cancellation of removal in the past. If you meet the criteria, the judge is likely to grant you a cancellation of removal.
Adjustment Of Status
If your spouse, parent, or child is a U.S. citizen, your Fairfax deportation lawyer can apply for an adjustment of status. If approved, you can become a lawful permanent resident and avoid deportation. Fayad Law, P.C. can then help you take the steps necessary to become a naturalized U.S. citizen if you wish. Applying for an adjustment of status and becoming a citizen are complex processes. With backgrounds as immigrants, we can help you with the emotional and legal aspects of these cases.
Appealing A Decision
If a judge issued an order to deport you, you might have legal grounds for an appeal. The court will issue a stay of deportation while you appeal the ruling. You must file the appeal within 30 days of the deportation date. Your Fairfax deportation lawyer will review your case to see if you have legal grounds to appeal the decision. If you do, your attorney will prepare the appeals paperwork and then represent you at the hearing.
If you do not have a viable deportation defense, you still have one more option. You can apply for a voluntary departure. By leaving voluntarily, you will keep the door open to return to the United States at a later date. Your Fairfax deportation attorney can discuss this with you, as well as the steps you can take in the future if you wish to return to the United States. While this is the last resort for most, it is a sound legal option in some instances.
What Sets Fayad Law, P.C. Apart?
English, Arabic, French,
Russian and Spanish
Record of Success
You Stay Informed
at All Times
We Strive for Client
FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.