NORTH CAROLINA AND FLORIDA DEPORTATION ATTORNEYS
ORLANDO AND CHARLOTTE DEPORTATION ATTORNEYS
The immigration attorneys in our firm have tried hundreds of deportation cases in immigration court over more than 30 years of combined experience in courts throughout the country. We have also taken countless appeals to the higher courts. Led by William Vasquez, a deportation lawyer and founder of our firm. Our immigration law firm focuses exclusively on the practice of US Immigration Law. That focus allows us to provide to our clients highly effective and efficient immigration representation.
For countless people across America, deportation is a very real fear. This is especially true for those who have spent many years in the United States (U.S.). These immigrants often are deeply enmeshed in their communities and have jobs, families, and homes. In the U.S., there are several prominent reasons why an immigrant may face removal proceedings. Sometimes, the reason may be simple. For example, deportation proceedings can commence if someone forgets to notify the government of a change of address.
If you or a loved one face removal proceedings, get help immediately. An experienced immigration lawyer can protect your rights and ensure fair judicial consideration. Contact us today for a free initial consultation with one of our lawyers.
REASONS SOMEONE MAY FACE DEPORTATION
Any immigrant, even green card holders, can potentially face deportation under certain circumstances. The only instance when an immigrant becomes safe from deportation is when they become a naturalized U.S. citizen (unless they fraudulently acquired their green card or citizenship). Thus, it is critically important to understand how a person may become eligible for deportation. What events or actions can trigger removal proceedings?
Grounds for removal are dictated by Section 237 of the Immigration and Nationality Act (INA). While there are many reasons for possible deportation stipulated in the INA, some of the most common include those listed below. Reasons marked with an asterisk are eligible for expedited removal. For more information or detail, you can read the entirety of the INA’s listed deportable offenses via the above link.
- Criminal offenses, including “crimes of moral turpitude” and aggravated felonies
- Drug offenses
- Violation of admission agreement, like overstaying a visa
- Document fraud
- Marriage fraud
- Failure to register, including change of address
- Unlawful or undocumented entry into the U.S.*
- Inadmissibility to the U.S. upon entry*
Under certain circumstances, a person may face expedited removal proceedings. During expedited removal, a person does not have a right to a hearing. This occurs during very specific occasions. Typically, such proceedings occur when an undocumented immigrant is apprehended within two weeks of arrival. Expedited removal may also occur if a person is found inadmissible when arriving to the U.S. You can read more about expedited removal on the American Immigration Council’s website.
What Happens During Removal Proceedings?
If a person is issued an NTA or is apprehended by ICE, they will be ordered to appear before an immigration judge. The immigration judge will ultimately decide if a person’s deportation will commence. Currently, a record-breaking backlog consisting of 800,000 cases is weighing down the U.S. immigration court system. Thus, any person facing deportation proceedings that are not “expedited” should expect a potentially long and arduous process. Proper legal representation will ensure defendants receive fair consideration during removal proceedings. You can read more about what to expect here.
Remember Your Rights
When facing standard removal proceedings, any immigrant has very specific rights. These rights include (1) the right to an attorney, ideally a deportation defense lawyer, (2) the right to a hearing, and (3) the right to an interpreter. While deportation defendants have a right to an attorney, unlike U.S. citizens, the government will not provide a lawyer at its expense.
Types of Relief from Deportation/Removal in Texas
Every removal case is different, and some people may have unique defenses to removal that others do not. There are several avenues for stopping a removal. The following list contains some of the more common grounds for defending a deportation:
- Asylum, Immigration and Nationality Act (INA) § 101(a)(42) and INA § 208 — A person must prove inability or unwillingness to return to her native country because of persecution or a well-founded fear of persecution, on account of race, religion, national origin, political opinion, or membership in a particular social group. The individual must also prove that he or she merits positive exercise of discretion.
- Withholding of Removal, INA § 241(b)(3) — A person may not be returned to a country where it is determined that there is a clear probability that his or her life or freedom would be threatened, on account of race, religion, national origin, political opinion or membership in a particular social group.
- Convention Against Torture (CAT), 8 Code of Federal Regulations (CFR) § 208.16 to .18 — A person may not be returned to a country where there is a clear probability that he or she would be subject to torture, at the instigation of, or with the acquiescence of, a public official or one acting in an official capacity.
- Cancellation of Removal for Permanent Residents, INA § 240A(a) — A person must prove lawful admission for permanent residence for not less than five years; seven years of continuous residence in the U.S. after admission in any status; no conviction for aggravated felonies under section 101(a)(43) of the Act; and positive exercise of discretion is merited.
- Cancellation of Removal for Non-Permanent Residents, INA § 240A(b) — A person must prove continuous physical presence of at least 10 years preceding the date of application; good moral character during that period; no conviction for offenses related to good moral character; drugs; firearms resulting inadmissibility under sections 212(a)(2) or 237(a)(2) of the Act; or terrorism under section 237(a)(3); exceptional and extremely unusual hardship to United States Citizen (USC) or Legal Permanent Resident (LPR) spouse, parent or child as result of removal; and positive exercise of discretion is merited.
- Violence Against Women Act (VAWA), INA § 204(A)(1)(A)(iii)-(iv), 204(a)(1)(B)(ii)-(iii) — The immigration law provisions allow a spouse and children, or parents of children, who have been abused or subject to extreme cruelty by their legal permanent resident (LPR) or United States citizen (USC) spouse or parent, to obtain lawful status without having to rely on a petition filed by the perpetrator of the abuse. The battered spouse must show the noncitizen marriage was in good faith; during the marriage, the noncitizen spouse or her/his child was battered or subjected to extreme cruelty by the LPR or USC; past or present residence with the LPR or USC; current residence in the U.S. or living abroad, abusive spouse is a U.S. government employee or member of uniformed services, or subjected the noncitizen to battery or extreme cruelty in the U.S.; and the abusing spouse is an LPR or USC at time of petition by the battered spouse and at a time of its approval, or was an LPR or USC and lost such status as a result of domestic violence.
- Immigrants Who Are Victims of Crimes “U Visa,” INA § 101(a)(15)(U)(i)(I) — The U visa is for a person who has been a victim of a serious violent crime and provides the law enforcement agencies with the ability to investigate and prosecute certain types of criminal cases, including: domestic violence, sexual assault, trafficking of aliens and other crimes, while at the same time offering protection to victims of such crimes. Victims must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy or solicitation to commit any of the above-mentioned crimes. Victims must also be willing to work with local law enforcement and the crime must have occurred in the United States or in a U.S. territory, or violated U.S. law.
- Adjustment of Status, INA § 245 — A person must show admission or parole into the U.S.; eligibility to receive an immigrant visa; non-inadmissibility under section 212(a) of the Act; maintenance of lawful status (unless an immediate relative of a U.S.C.); an immigrant visa is immediately available; and positive exercise of discretion is merited.
- Registry, INA § 249 — A person must show entry into the U.S. prior to 1/1/1972; continuous residence since that time; good moral character (no specific period stated); not ineligible for citizenship; and not a criminal, immoral person, subversive, smuggler, violator of drug laws or terrorist.
- Waiver, INA § 212(h) — A person must show he or she is the spouse, parent, son or daughter of USC or LPR; denial of the waiver would result in extreme hardship to her USC or LPR spouse, parent, son or daughter; consent has been given by the attorney general to seek a visa, admission or adjustment of status; and positive exercise of discretion is merited.
- Waiver, INA § 212(i) — A person must prove he or she is the spouse, parent, son or daughter of USC or LPR and denial or the waiver would result in extreme hardship to her USC or LPR spouse or parent.
- Waiver, INA § 212(d)(11) — Available only to LPRs seeking a waiver for smuggling, as described in INA § 212(a)(6)(D)(i), who have smuggled, induced or assisted in smuggling their spouse, parent, son or daughter (and no one else); and merit discretion for humanitarian purposes; to assure family unity; or other reasons in the public interest.
How Can You Stop Deportation?
Luckily, several legal avenues exist to stop deportation. The Immigration and National Act (INA) stipulates these options and they involve specific situations or conditions that must be fulfilled. For example, a person can apply for political asylum to receive reprieve from deportation. Another option for lawful permanent residents (LPRs) with criminal convictions is cancellation of removal. The best person to discuss your options is an immigration lawyer, who will weigh each possibility carefully. You can also read more about possible ways to stop deportation here.
The Crucial Step
For any immigrant facing the complicated processes of the U.S. immigration court system, a lawyer can provide priceless advice and guidance. Often, proper legal counsel can mean the difference between a successful or unfavorable decision and can even protect from deportation itself. Eagly & Shafer produced an extensive report that found immigration lawyers increase the chances of positive outcomes for immigrants facing legal proceedings.
In fact, according to the report, immigrants with proper representation were more likely to:
- Attain a custody hearing (if currently in detention);
- Achieve release from immigration detention;
- Appear for court dates (avoiding removal in absentia);
- Receive successful rulings in deportation or removal cases; and/or
- Pursue and receive relief from deportation.
DEPORTATION IMMIGRATION LAWYERS
Individuals potentially subject to deportation from the US can come to the attention of US Immigration enforcement officers in many different ways. The local police may pull someone over for a traffic violation. Student visa holders are referred to them when they drop below their required credit hours. Denied immigration benefits applications, even those denied in error, can lead to deportation proceedings. Even a criminal offense from thirty years ago, which was not a conviction under local law (i.e. a deferred adjudication dismissal) can result in even lawful permanent residents being place into deportation processing. The ways are varied and numerous.
Trying to survive deportation processing is a difficult venture. The procedures are complicated; the options are difficult to understand and recognize. If you, your loved one or your employee has been put into deportation processing, you need to find competent counsel to help guide and support you through the process.
The deportation attorneys in our firm have tried hundreds of deportation cases in immigration court over more than 30 years of combined experience in courts throughout the country. We have also taken countless appeals to the higher courts. Our immigration law firm focuses exclusively on the practice of US Immigration Law. That focus allows us to provide to our clients highly effective and efficient immigration representation.
Anyone who is physically present in the United States but is not a citizen of the United States can potentially be subject to removal proceedings. Removal proceedings in a immigration court are the government’s way of deporting a noncitizen from this country and forcing them to return to their country of nationality. Proceedings can be triggered by any number of things including criminal convictions and failure to maintain status.
Our deportation immigration lawyers represent people in removal proceedings in Charlotte, NC, Atlanta, GA & Orlando, FL. Our deportation attorneys are also available for cases based out of other cities across Florida and the United States. We accept all kinds of removal cases, including those where the client is detained by Immigration and Customs Enforcement. We also accept cases seeking custody redetermination before an immigration judge (immigration bonds).
APPEALS WITH A DEPORTATION ATTORNEY
When a person does not agree with the ruling of the immigration judge at the conclusion of their removal proceedings, they can appeal the decision to the Board of Immigration Appeals in Falls Church, VA. The skill of an experienced attorney is vital to winning an appeal before the BIA. On appeal, cases are evaluated based on legal arguments presented in the form of a written brief. A deportation attorney must have a vast and detailed knowledge of immigration laws and immigration cases in order to make the best, most persuasive argument possible.
Vasquez Law Firm, PLLC is experienced in handling BIA appeals. Our deportation immigration lawyers collaborate on most of our cases and spend many hours discussing legal strategy. Together they have over a 30 years of experience in immigration law cases, deportation and appeals.
Questions Or Concerns? Contact Vasquez Law Firm Today
Remember, proper legal counsel provides the best chance for success when you face removal proceedings. If you have any questions or concerns regarding deportation or removal, contact an immigration attorney as soon as possible. They will represent your interests, guide you through the process, and defend your rights. And, as discussed above, working with a lawyer not only provides the highest chance for success overall, but makes the entire litigation process easier.
The expert immigration attorneys at Vasquez Law Firm serve clients across the Raleigh, Charlotte and Orlando area. We proudly represent clients and defend them during removal proceedings. Contact us today for a free initial consultation – help is close at hand.