Nashville Deportation Defense Attorney

Understanding Removal Proceedings and Immigration Court in Nashville

Deportation proceedings, formally known as Removal Proceedings, are handled in Immigration Court. Being served a Notice to Appear (NTA) is the formal start of this process. A skilled Nashville Deportation Lawyer will guide you through the process, which often involves:

• Master Calendar Hearings: Preliminary hearings where your attorney enters a plea, identifies the issues in your case, and requests a form of relief from removal.
• Individual (Merits) Hearings: A full trial before an Immigration Judge where your attorney presents evidence, calls witnesses, and argues your eligibility for relief.
• Immigration Detention & Bond Hearings: For individuals detained by ICE (Immigration and Customs Enforcement), securing release often starts with fighting for a Bond Hearing.

Key Forms of Relief and Defense Strategies Against Deportation

A core component of an effective defense strategy involves seeking a form of “relief” from removal. A Nashville Deportation Defense Attorney will assess your unique history and circumstances to determine your eligibility for one or more forms of relief:

• Cancellation of Removal: Available for both Permanent Residents (Green Card holders) and Non-Permanent Residents who meet strict criteria regarding continuous physical presence, good moral character, and family hardship.
• Adjustment of Status (AOS): If you are eligible for an immigrant visa (such as one through a qualifying relative) and meet specific legal requirements, you may be able to apply for your Green Card directly through the court to terminate the removal proceedings.
• Asylum, Withholding of Removal, and Protection Under the Convention Against Torture (CAT): For individuals who fear persecution or torture if returned to their home country.
• Waivers of Inadmissibility: Used when a person has a ground of inadmissibility (like a criminal conviction or a history of unlawful presence) that can be forgiven to allow them to keep or get a Green Card.
• Crimmigration Defense: This is a crucial defense area for those facing deportation due to criminal charges. Your attorney must understand how a conviction affects your immigration status to fight for the best possible criminal outcome that avoids or minimizes deportation consequences.

Integrating Family Law Solutions with Deportation Defense

In many deportation cases, relief from removal is secured through a qualifying family relationship. Our firm is skilled at identifying and successfully pursuing these pathways to keep your family together in the U.S.

Green Card Based on Marriage: Adjustment of Status (AOS)

After a US citizen marries a non-citizen, if the non-citizen desires to receive an immigration status while in the U.S., the couple will need to submit certain application forms and supporting documents to the USCIS so that the non-citizen can adjust status to become a permanent resident or a green cardholder.

This is only possible for those non-citizens who can legally adjust status. Determining if a person can adjust is a complex legal analysis. For example, if a non-citizen entered the country illegally, they will often need a waiver of unlawful presence to be able to receive a Green Card. A non-citizen also may face a bar to adjustment due to criminal convictions, previous immigration issues, and more.

Legal Note: Eligibility for Adjustment of Status is highly dependent on your entry method and history. Consult with our knowledgeable Nashville Immigration Lawyers to confirm if you qualify.

At The Yankey Immigration Law Group, Pllc, we help clients to navigate the complex waters of Immigration Law. If you need a consultation for your adjustment of status case, please call us to reserve it at 615-530-5360.

US Immigrant Visas: Family-Based Petitions (Consular Processing)

A non-U.S. citizen may gain the right to live and work permanently in the U.S. through a petition filed by a family member.

Petitions by U.S. Citizens

If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:

• Husband or wife (Immediate Relative)
• Unmarried child under 21 years of age (Immediate Relative)
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister (if the sponsor is at least 21 years old)
• Parent (if the sponsor is at least 21 years old)

“Immediate Relatives” (parents, spouses, and children under 21) of a U.S. citizen are not subject to numerical restrictions, meaning they do not wait for a priority date. Other close family members are divided into “Preferences” subject to annual numerical quotas.

Petitions by Lawful Permanent Residents (Green Card Holders)

If the sponsor is a Lawful Permanent Resident (LPR), they may petition for the following foreign national relatives to immigrate to the U.S.:

• Husband or wife
• Unmarried son or daughter of any age

At The Yankey Immigration Law Group, Pllc, we help clients to navigate the complex waters of Immigration Law. If you need a consultation to determine if you qualify, please call us to schedule consultation with our experienced lawyers at 615-530-5360.

Marriage Visas: Consular Options for Family Unity

The knowledgeable lawyers at The Yankey Law Group, Pllc help families to unite and stay together in the USA. The U.S. Immigration process can be lengthy, costly, and frustrating. Choosing the right path is crucial to accomplish your immigration goals.

Options If Your Spouse Is A U.S. Citizen

For U.S. citizens whose partners are overseas, there are two primary paths:

1. K-1 Fiancé Visa: A U.S. citizen may invite his/her fiancé (a person they are not married to yet) on a K-1 visa. This requires the couple to have met in person within the two years prior to the petition and to have the intention to get married within 90 days of the fiancé’s arrival. After marriage, the non-citizen must still file for Adjustment of Status.

• Note: A K-1 visa holder can bring dependent children who are under 21 years of age.

1. Immediate Relative Visa Option (Consular Processing): Couples married overseas may choose this option. The marriage must be legally valid in the place it occurred. The U.S. citizen submits an I-130 petition, and after approval, the case moves to the National Visa Center (NVC) for consular processing, culminating in a visa interview abroad.

Options For Spouses Of Green Card Holders (LPRs)

If a spouse is waiting to become a U.S. citizen, it is still possible to sponsor the non-citizen.

• Overseas Spouse: An LPR may submit the I-130 form for the spouse and minor children in one petition (unlike a U.S. citizen sponsor). K-1 visas are not available for LPRs.
• Spouse in the U.S.: A spouse of an LPR in the U.S. may be able to file for Adjustment of Status after marriage, but only if they can prove both legal entry and that they have maintained lawful nonimmigrant status prior to filing, and the visa number (priority date) is current.

Asylum pending status, or adjustment pending status do not constitute lawful non-immigrant status. As such, many with lapsed status must wait for the spouse to become a U.S. citizen, at which time, the “illegal” presence, lapsed status, absence of lawful nonimmigrant status, and even unauthorized employment may be automatically forgiven to the beneficiary of an immediate relative petition.

Contact a Dedicated Nashville Deportation Defense Attorney Today

If you are facing removal proceedings or have questions about how a criminal charge could affect your immigration status, time is of the essence. Don’t face the Immigration Court alone.

Call The Yankey Immigration Law Group, Pllc today at 615-530-5360 to schedule a confidential consultation with a dedicated Nashville Deportation Defense Attorney and start building your defense.