Deportation & Removal Defense

Fight Deportation and Removal

Deportation and Removal result in permanent consequences for you and your family. Waiting in detention while your deportation or removal case is pending creates financial and emotional hardship for both you and your loved ones. This is true whether you are an undocumented alien, in the US with an expired visa (out of status), or a permanent resident (green card holder).

The tools used to fight your case may include:

  1. Cancellation of Removal (hardship)
  2. Political Asylum
  3. Convention Against Torture
  4. Waivers
  5. Prosecutorial Discretion
  6. Federal Court Litigation

Lobb & Pellegrini, P.C. aggressively defends immigrants’ rights in deportation and removal cases. Our experience in both criminal and immigration law maximizes results for our clients with complex cases resulting from criminal charges. It is better to have a legal practice with knowledge in both areas than it is to have multiple legal practices trying to resolve the same deportation and removal issues.

Deportation begins with the Notice to Appear I-862. This is a piece of paper from immigration that orders you to appear in immigration court on a certain date and at a certain time. Please contact me as soon as you receive this Notice to Appear because time is a crucial factor in deportation and removal cases.

Most immigrants will receive a Notice to Appear if they are found engaging in:

  • Illegal immigration (entering illegally)
  • Criminal offenses
  • Violations of visa conditions
  • Overstays of the term of a visa

How do I fight my deportation case?

Waivers
One way we fight deportation cases is to file what is called a Waiver. This Waiver serves to defend immigrants’ rights in deportation cases by convincing the immigration judge that you deserve to stay in the United States. You will need a waiver, to enter or to stay in the United States, if the immigration authorities allege you are:

  • Removable: If so, we file motions with the court to convince the judge to allow you to stay in the United States even though you may have engaged in a removable act.
  • Inadmissible: If so, we file motions with the court asking the judge to disregard certain factors that led to you being denied an immigration benefit because you are allegedly inadmissible.

Every one of Lobb & Pellegrini P.C.’s clients comes to us with a unique situation. Whether or not your case would benefit from the filing of a waiver depends on many factors. It is best to call 512-215-6011 and schedule an appointment to talk about your situation and discuss your concerns.

Cancellation of Removal for Hardship
Another way Lobb & Pellegrini P.C. fights deportation and removal cases is to file a motion with the court to convince the judge that the hardship your family would suffer is extreme and unusual, that exceptional circumstances exist, and thus you should remain in the United States.

Factors of Deportation Defense 
Lobb & Pellegrini, P.C. has proven experience providing removal defense. We maintain up-to-date knowledge on constantly changing immigration statutes, regulations, procedures, and case law. This experience and knowledge serves to convince the Department of Homeland Security (immigration authority in court) that there are exceptional factors in your case, and that deporting you would create significant hardships on your family.

These factors may include:

  • Children with special needs (mental health & medical conditions)
  • Spouse with serious health issues
  • Elderly mother or father

If  the judge is convinced that your family would suffer a hardship, this may lead to cancellation of removal and issuance of green card.

Political Asylum and Refugees
Lobb & Pellegrini, P.C. also defends immigrants’ rights by filing, for foreign nationals who come from disaster areas or war zones, an application for Cancellation of Removal based on a claim of political asylum, form I-589. Political asylum serves to prevent your removal from the United States when and if you show you were subjected to persecution based on religion, ethnicity, membership in a social group, or political opinion. Winning an asylum case could allow you to become a permanent resident.

CAT- Convention Against Torture
The Application for Cancellation of Removal I-589, also contains another method that Lobb & Pellegrini, P.C. uses to fight deportation and removal cases. This is called a CAT claim (Convention Against Torture). CAT claims are different from asylum claims. Whether or not your case falls under one or both depends on the specific facts of your case. The only way to know whether you qualify is to consult with Lobb & Pellegrini, P.C.

Prosecutorial Discretion
If you are IMMEDIATELY eligible for a visa (e.g. entered lawfully and married to a U.S. Citizen) you may be eligible for prosecutorial discretion. The granting of prosecutorial discretion results in your case being dismissed. Again, the details matter and each case is different. As such, Lobb & Pellegrini, P.C. can determine whether or not you qualify for prosecutorial discretion only if you contact him for a consultation.

Federal Court Litigation
Lobb & Pellegrini, P.C. files lawsuits against the immigration authorities in federal court when they break the law. You have rights as an immigrant in removal proceedings and immigration authorities and judges must respect these rights. When the immigration authorities and judges fail to respect your rights, Lobb & Pellegrini, P.C. fights to defend your rights in federal courts.