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Deportation Defense Lawyers in Fairfax

Experienced Legal Representation Supporting You & Your Loved Ones

The prospect of being deported or removed from the country is perhaps the most frightening thought for an immigrant. We at Murray Osorio PLLC have maintained a special focus on defending immigrants facing this nightmare.

Call our Fairfax deportation attorneys at (703) 952-3275 today to schedule an appointment as quickly as possible.

Notice to Appear

Deportation and removal proceedings in Immigration Court begin with the issuance of a charging document known as a Notice to Appear (or “NTA”). Typically, this document states the “allegations” or basis for the charge of deportability/removability. This may be simply “unlawful presence” or it could be a specific act (such as a criminal conviction) that constitutes the basis for removal. Each individual case is different and it’s critical to consult with an experienced and knowledgeable immigration attorney to have your case and options carefully evaluated.

Usually, the NTA does not specify a date and time for the removal case. Later, a Notice of Hearing is mailed to the immigrant, or “Respondent,” specifying the date and time for the first court appearance known as the “Master Calendar Hearing.”

Master Calendar Hearing

The master calendar hearing includes the initial hearing in Immigration Court as well as later hearings regarding scheduling, deadlines, and other non-substantive issues. The Immigration Judge is responsible at this stage for ensuring that the Respondent understands the nature of the proceedings and the allegations. If the Respondent has not retained counsel at this point, the Immigration Judge may continue the case to allow the Respondent time to retain counsel. At the master calendar hearing, the Respondent usually pleads to the allegations and/or elects one or more forms of relief.

Individual Merits Hearing

This is the proceeding, similar to a trial, where the Immigration Judge considers the merits of an individual immigrant’s case including any substantive legal issues and applications for relief from removal. This may involve legal arguments by either party on substantive motions or rulings on legal issues. Also, similar to a trial, it is an opportunity for the immigration attorney to present testimony by the respondent and other witnesses. Finally, in most cases, the Immigration Judge issues the final decision during an individual merits hearing.

Relief from Removal

Even in cases where the allegations are true and the basis for removal is unquestionable, an immigrant still may have real options to avoid deportation. Various forms of “relief from removal” allow some immigrants to be exempted from removal or deportation where they fit within certain categories. These forms of relief from removal include:

Adjustment of Status

Adjustment of status is a form of discretionary relief which permits an immigrant to change their status to lawful permanent resident (i.e. “green card” holder) while remaining in the United States, even during removal or deportation proceedings. There are multiple statutory provisions providing for adjustment of status, each with its own requirements.

  • “Brian Murray and his staff were extremely dedicated in bringing resolution to an immigration/deportation case involving my son-in-law.”

    - Rafael E.

  • “When I first met her, I knew immediately that she was experienced and knowledgeable in the area.”

    - Sara M.

  • “I think I could not have a better lawyer for my court as well as all the service they gave me.”

    - Juan F.
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Asylum

Asylum is a form of discretionary relief available in removal proceedings to immigrants who are unable or unwilling to return to their country due to past persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is available as a form of relief regardless of the manner of the immigrant’s original entry, applying even to those who crossed the border or entered without inspection (“EWI”).

Cancellation of Removal For Lawful Permanent Residents (“LPRs”)

LPR Cancellation of Removal is a form of discretionary relief available in removal proceedings to Green card holders who have never been convicted of an aggravated felony and who have held permanent resident status for at least five years and have established continuous residence in the United States for at least seven years after having been lawfully admitted (prior to issuance of the notice to appear).

Cancellation of Removal For Non-LPRs

Non-LPR Cancellation of Removal is a discretionary form of relief available in removal proceedings to immigrants if they can establish continuous residence in the United States for at least 10 years (prior to issuance of the notice to appear); Good moral character; No aggravated felony nor any other conviction for a removable offense; and a showing to the Immigration Judge that removal would result in “exceptional and extremely unusual hardship” to the immigrant’s U.S. citizen or permanent resident spouse, parent, or child.

Some other forms of relief include:

  • Convention Against Torture (“CAT”) Relief
  • Nicaraguan Adjustment and Central American Relief Act (“NACARA”)
  • T Visa and U Visa Relief
  • Violence Against Women Act (“VAWA”) Adjustment of Status
  • VAWA Cancellation of Removal
  • Voluntary Departure
  • Withholding of Removal

Our Fairfax deportation lawyers are committed to the dreams of our clients. It is our objective to help you through each stage of the deportation or removal defense process, and use every possible avenue of approach to aid you and your family.

Call us at (703) 952-3275 or fill out our online contact form today for a consultation.

We Strive to Develop a Special Connection With Our Clients

  • You will be matched with the team who is best suited for your individual case.
  • You will receive an honest and detailed assessment from us about your case.
  • We advocate for you and take the time to truly understand your needs.
  • We are a full service immigration firm with experience in all types of cases.

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