Dallas Immigration Attorney
Understanding Detention & Deportation
Deportation or "removal" from the United States can happen to visitors, persons who illegally enter, or lawful permanent residents who have lived in the United States for many years. Since the split of the Immigration and
Naturalization Service into the United States Citizenship and Immigration Services (USCIS) and the United States Immigration and Customs Enforcement (USICE), there have been drastic changes in the way cases are brought about. The Government has put both of these agencies under the Department of Homeland Security (DHS). The DHS has implemented new ways to catch persons who are alleged to have violated immigration laws. The consequences of an allegation can be severe.
The DHS does not always advise persons of their rights. Also, the people who have removal or exclusion cases are often already "lawful permanent residents." Some of the people have lived in the United States legally for many years. It is not uncommon that lawful permanent residents (LPRs) do not realize that they can be removed from the United States for relatively minor criminal offenses that occurred in the past. Or, that they can be excluded from the United States when attempting to re-enter after a vacation. Moreover, the removal and exclusion can be for criminal convictions that are sometimes very old. In fact, the DHS has the power to remove persons from the United States who have been legal for so long that they could have great-grandchildren here in the United States!
Getting out of jail is a major consideration. Immigration bonds can be difficult to obtain. Understanding eligibility for bond is more complex than the average lawyer understands. The USICE will jail people without setting a bond. A bond hearing often has to be requested so that an individual can be released. In the rare case that a bond has already been set, it must often be lowered so that a family can afford to pay the bond. Because immigration bonds can cost a lot of money and the bail, many will find that bondsmen charge exorbitant fees (40-50% of the bond is non-refundable). It is sometimes best to attempt to have a judge review the bond. Unlike the criminal system, bond hearings have no rights to a speedy trial or to a hearing before a magistrate. Thus, the sooner a bond is requested, the sooner a hearing can be obtained and the individual released. Often there is a two or three week delay before a hearing, making it essential to request a formal hearing as soon as possible to minimize disruption of normal life.
Why Hire an Immigration Lawyer in Dallas?
Sometimes, the process can be a very emotional ordeal to the family members as well as the deportee. Deportation enforcement can be a frightening thing for anyone to face. We at the Mathur Law Offices respond quickly and effectively and assist in every way possible in preventing the deportation. Our firm is capable of assisting clients, not only through the Immigration Courts but also though Criminal Courts, Family Law Courts, and Federal Courts in defending the charge that is causing the deportation. In Criminal Courts we seek to remove the conviction that serves as the basis for deportation through trial and dismissal tactics, by associating a plea-bargain agreement with a non-deportable offense, removing old convictions, adjusting the length of sentencing, appealing through the criminal appellate courts and preventing sentencing from causing severe deportation problems by controlling the punishment.
Some deportation proceedings can also be stopped through a new process called deferred action, which is reserved for young immigrants who entered the United States before the age of 16. The Obama Administration recently issued a policy in which these individuals will be allowed to obtain work authorizations and remain in the country for a two-year period, as long as they meet certain requirements. The process allows the government to stop deportation of these individuals and focus on those who pose a threat to national security. Our attorneys can provide guidance to those applying for deferred action.
We assist in Family Court matters where a divorce threatens the removal of a spouse, in adoption matters, proving birth or parentage of an alien, and getting discovery on family violence issues. Federal Court action is sometimes necessary in order to obtain your rights from the INS and other U.S. agencies. If these agencies will not assist with correcting Visa mistakes, releasing aliens from custody, adjudicating a Visa or correcting civil rights violations, the government can be sued through the Federal Courts. Although this is an extreme measure, it may be necessary in limited situations. In many cases, our firm has won what other lawyers deem "un-winnable cases." These cases have exemplified our firm's ability to use tactics in other courts that then have a positive effect on the immigration case. Examples of these cases include:
- Reducing a Two Burglary Aggravated Felonies to Misdemeanors - Result Cancellation of Removal Granted - 2004
- Reducing a Narcotics Offense to a Misdemeanor - Result Cancellation of Removal Granted - 2003
- Providing Legal Arguments That Securities Fraud Was a Misdemeanor - Result allowing a waiver of inadmissibility to a returning - 2003.
- Providing Evidence of a Person Accused of Murder Was Not Involved Even Though Convicted of "Unlawful Carrying of a Weapon With Intent to Use" -Result waiver of inadmissibility granted - 2002.
- Winning Jury Trial of Immigrant Alleged of Assault - Result no removal proceedings initiated - 2003, 2002, 2001, 2000,1999.
There are many more examples of huge successes in this area of law. Many of our clients and our colleagues describe results achieved by Sanjay S. Mathur as "miracles!" If you are currently struggling with immigration issues, especially if they center around detention and deportation, do not hesitate to seek out the legal assistance of a Dallas immigration lawyer at our firm as quickly as possible.
Contact a Dallas Immigration Attorney at our firm today to receive your initial case consultation.