Immigration Law for

Deportation Defense

Deportation Defense Lawyer

Deportation happens everywhere in the world. In the U.S. alone, 2.9 million people were deported since 2009. As of 2019, there are about 101,586 deported immigrants, and it continues to rise.

Regardless of whether these deportations were caused by criminal charges (which only accounts for 5% of all deportation cases), too often they leave the country without knowing their rights under the constitution of the U.S.

Authorities often make the process of removal quick by letting immigrants sign a paper of agreement that they leave the country without the need for a hearing.

Getting deported might seem daunting, but knowing your rights as a non-citizen in the U.S. will make you breeze through the process. Depending on your current situation, getting a deportation defense lawyer will get your voice heard and defend you throughout the process.

What are the Grounds for Deportation in the U.S.?

INA, which stands for U.S. Immigration and Nationality Act stated the following grounds for deportation for non-citizens in the U.S:

  • Residing in the US unlawfully
  • Criminal Conviction
  • Fraud

Needs Assistance? Get Your Deportation Defense Lawyer Now!

If you are now facing a deportation order, remember that this is not the end. You can hire the best defense attorney in fighting deportation who can assist you on what course of action to take best. Contact us now, and we’ll help you get an experienced deportation defense lawyer to guide you throughout the deportation proceedings.

Residing in the US Unlawfully

As merely as changing your address without notifying the government can make it a ground for deportation. Being in the U.S. unlawfully is one of the deportation grounds that will usually result in an immigrant leaving the country within 24 hours, without hearing. ICE, or the US Immigration and Customs Enforcement do the job and do the deportation as quickly as possible.

An immigrant is considered being in the US unlawfully when:

  • They have no permit in entering the country.
  • They secured their documentation and visa by fraud.
  • They stayed beyond the permitted time (for nonimmigrants, i.e., student visa, tourist visa)
  • Termination or revocation of admission to the U.S.
  • They fail in complying the required conditions to enter the U.S.
  • Failure to keep their status under the condition in which they were admitted in the country.
  • They assist a person in entering the U.S. unlawfully.

There are certain cases where it can be remedied, and that is if you have immediate family members or relatives lawfully residing in the U.S. Fighting deportation and having your removal waived is also easy if you know your rights and have a deportation defense lawyer on your side.

Criminal Conviction

A criminal conviction in many forms can be a ground for deportation, and you’ll have the potential to get banned from entering the U.S. no matter how long you already stayed in the country. Serious crimes can automatically make you inadmissible to the country even if it means coming legally. The following crimes are the most common ground for deportation:

  • Aggravated Felony which can include kidnapping, domestic violence, murder and rape.
  • Crimes related to drugs
  • Crimes Involving Moral Turpitude

The list above are just a few of the crimes that might get you deported if you have a plea deal, but it’s possible to overcome it by specific justifications and not to accept the plead guilty or nolo contendere. It can be tricky, which is why an immigrant must exercise their right to an attorney.

Fraud

There are many forms of fraud that can lead to deportation. Facing deportation due to fraud makes you inadmissible to the U.S. again, and it’s important to know that there are things that you can do to waive your removal.

One of the most common fraud is the Marriage Fraud which makes obtaining the green card easy. Once caught, you might face several problems in the future, and it might hurt your credibility. You can get barred from getting new visa petitions.

Proving extreme hardship, especially if there is a life and death situation from your country of origin, can help you obtain a waiver.

Received a Deportation Order? Here’s What to Do

When you received a deportation order from authorities, remember that it’s not the end and fighting deportation is possible depending on your situation. One example to remedy your case is to challenge a deportation order.

In this situation, Motion to Reopen might work for you. You may try to ask the immigration judge to consider reopening the case. However, there are only 2 considerations which include:

  • Absentia Decision
  • Changed Circumstances

Absentia Decision means that a decision on your case has been made without your presence. They might consider opening your case again if you prove to them that you weren’t able to attend the proceedings due to exceptional circumstances which are beyond your control such as serious illness, death of a family member (spouse, parent or child), battery and cruelty to you, to your spouse or child.  In these cases, strong evidence is a must and asking guidance from a defense deportation attorney is crucial.

There are usually 180 days allotted time before the deadline so there’s still a chance to settle it. The count will start from the day the absentia order is given and within those days, you can still reopen your case.

Changed circumstances are also considered if you find new facts or evidence of dangers related to your country of origin that you have no knowledge of during the proceedings. In this case, you must prove that these new facts or evidence are relevant to your deportation order.

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