Deportation Defense
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Talk To A LawyerWhen To Hire A Deportation Lawyer?
Deportation, or removal, is the enforced departure of an immigrant from the United States by immigration authorities. There are several US government agencies that may be involved in removal/deportation cases, including Immigration and Customs Enforcement (ICE), US Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and finally immigration courts of the U.S. Department of Justice (DOJ) or the Office for Immigration Review (EOIR).
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What is Deportation Defnse?
There is a multitude of scenarios and various reasons why an immigrant might be put in removal proceedings. Immigrants attempting to cross the US border without proper documentation and/or not at official border crossing points can be immediately returned. Undocumented individuals and/or undocumented individuals who have been arrested or detained can face removal. Immigrants whose cases were denied in immigration court can also be in removal proceedings. Immigrants facing deportation should secure legal representation. An experienced immigration court attorney is one of the most important factors to winning a removal case. Anyone facing a removal case should immediately secure legal representation.
Removal Case Process
In most instances, deportation cases involve an appearance before an immigration judge in immigration court. Foreign nationals facing deportation may be put and held in ICE-run detention centers until their appearance in immigration court. Some foreign nationals are detained and subsequently released, with or without a tracking device, until their immigration court date. Some foreign nationals are placed in removal proceedings but are never detained. Some immigrants are put in removal proceedings after their petitions to stay in the US are rejected by USCIS and immigration courts. Also, immigrants who commit a crime or are considered a risk to public safety can also be put in removal proceedings. Finally, foreign nationals who violate the terms and conditions of their visa can also face removal proceedings.
Removal proceedings
Removal proceedings can vary and each individual case can have various special circumstances and/or different paperwork and potential approaches to handle in court. However, in general, individuals will face a judge 1 or more times, during which they will address the charges against them as well as a court date to present their case to the immigration judge. If a judge rules against an immigrant and their deportation is scheduled to proceed, their home country will be contacted to issue travel documents before they are removed from the US and returned to their home country by ICE.
Expedited Removal
In addition, some foreign nationals entering the US without proper travel documentation or with forged or fake documents can be deported via a fast-tracked process called expedited removal. When foreign nationals come into the US through a border checkpoint, international airport or ship port, they will be interviewed by a Department of Homeland Security (DHS) officer. If a DHS officer suspects fraud or if they believe the foreign national does not have proper documentation, the foreign national can be immediately removed from the US in this expedited removal process. A foreigner who is removed via the expedited removal process will then generally be barred from returning to the US for 5+ years (limited exceptions are possible). This expedited removal is at the discretion of the DHS officer and no immigration judge is involved and cannot be requested. The only way in which removal is not carried out in such cases is if the foreign national asks for asylum, expressing fear of return to their home country or if the individual claims to have some lawful status in the US. With these two exceptions, the individual will be subject to further assessment and additional legal procedures to verify their claims.
POSSIBLE DEFENSE STRATEGIES
There are various ways that an experienced immigration attorney can choose to address a possible removal case. Each case and circumstances are different and the approach to handling each case will be different. This is why anyone facing a removal order should immediately consult an attorney before doing anything on their case. While each case is different, there are several options that an attorney will consider. One or more of these options could be used to address someone’s case.
One potential option would be to adjust status, if possible. If a non-citizen qualifies for another legal status in the US, it may be a good idea to change, or adjust, to that legal status. Changing to a different legal status will mean that the non-citizen will not be considered an “illegal” alien but will then have an acceptable legal status in the US. An attorney will determine if the immigrant qualifies for any potential status changes. For instance, an immigrant who marries a US citizen may be able to adjust status to a legal permanent resident. Or perhaps an immigrant is eligible for a student or employment-based visa. In general, it is a good idea to determine if an individual who is facing a removal order can avail themselves of an adjustment of status.
Another potential option for an individual in removal proceedings is to apply for asylum. If an individual is afraid to return to their home country due to fear of persecution they can apply for asylum. Anyone who has been persecuted in the past or who fears persecution in the future can claim asylum in the US. A person who applies for asylum will have to present evidence showing that they face persecution because of one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. Anyone who wins an asylum case is eligible for a green card and later citizenship. There are also additional asylum related acts, like Convention Against Torture or Violence Against Women Act (VAWA), that may also be applicable to a particular case.
Someone facing deportation may also be able to petition for cancellation of removal. Cancellation of removal is potentially available for anyone who has lived in the US for more than 10 years and can show hardship to an immediate family member(s) who is a Legal Permanent Resident or a US citizen. The hardship can be in many forms or multiple forms, including financial or health-related hardships. The applicant will also have to provide evidence to explain the potential hardship the LPR/USC family member(s) face if the applicant is deported.
Deferred action can also be requested which would put the case on hold for a period of time, while the applicant attempts to correct their situation. Deferred action is often granted for criminal record type deportations where an applicant could expunge/rectify their record with a bit of time. It is not easy to secure deferred action and it would be a good idea to have an experienced attorney to argue for deferred action.
Finally, an individual who faces deportation, and it has been determined that no other options are available to prevent or stop the removal proceedings, may be able to negotiate a voluntary departure. With the voluntary departure, the person leaves the country but will not incur a negative mark on their record.
Do you need to speak with a deportation attorney?
If you or a loved one have received notice that they must appear in immigration court, it's important to hire an experienced removal defense attorney. Deportation attorneys are responsible for representing immigrants facing deportation from the US
Question about Deportation Defense?
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A foreign national who has previously been deported from the US is likely to have a bar to re-entry for 5, 10, or 20 years or even a permanent bar. The length of time of the bar is different for different cases. These bars are put in place whether a person is deported through immigration court proceedings or if they were deported through an expedited process at the border. If you attempt to re-enter the US illegally you could be prosecuted in a criminal case. This could result in prison term and/or a fine and you will likely be deported again through your previous deportation order.
There could be an exception to these scenarios if you came back to, or attempted to cross back into, the US due to fear of persecution. A person can claim asylum and his claim will be assessed through a credible fear interview with an officer and a stay of removal may be issued.
Unfortunately, it is possible that ICE will investigate a report of an undocumented immigrant. This means that if someone reports you, ICE could come and arrest you for deportation purposes. However, it is important to note that ICE does not have the resources to investigate all reports, or even most reports. In addition, ICE often uses something called prosecutorial discretion to decide if they will come after you. This means that they will look at all factors about your life and criminal history to see if they will choose to expend resources to find and prosecute you. This means that you may not be picked up by ICE just because someone reported you.
In the past, the government often focused resources on those undocumented people that had criminal records or that posed some security risk. In more recent years, there have been cases where ICE has acted on tips from the public and arrested individuals, even those without criminal records or who did not pose a security risk. Because the risk exists, you should reach out to an immigration attorney to see what your possible options are in such a scenario.
Yes, you can be deported even if you are married to a US citizen. Certain crimes and offenses can result in deportation. Crimes that can result in deportation are known as “deportable offenses.” These offenses include aggravated felonies, controlled substances violations, and crimes of moral turpitude. Crimes of moral turpitude are violations that are considered contrary to the sentiment and standards of the community. You should always consult an attorney if you have any kind of criminal incident in your past to see if it could impact you and perhaps lead to removal.
An individual can be deported even if married to a US citizen if they do not meet all requisite standards for a green card. There are various requirements for a green card based on marriage. If any one of these requirements are not met, you can be deported, despite having a US citizen spouse. Also if you were inadmissible at the border for some other immigration reason, you can be deported despite marriage to a US citizen. If you are married to a US citizen and your status is in question or if you are facing deportation, you should immediately consult an attorney to establish your options going forward.
