what is a deportation attorney

by Davion Bashirian 4 min read

What Do Deportation Defense Lawyers Do? A deportation defense lawyer will help protect your rights and ensure that you are not unjustly deported. Further, they will do their best to present your case in the best light, while outlining ways (if any) for you to continue staying in the U.S.A.

Essentially, one has already been placed in removal proceedings and must appear in Immigration Court before a judge and convince the court how and why he or she may be eligible for relief from removal/deportation from the United States
deportation from the United States
Deportation and removal from the United States occurs when the U.S. government orders a person to leave the country. In fiscal year 2014, Immigration and Customs Enforcement conducted 315,943 removals. Criteria for deportations are set out in 8 U.S.C. § 1227.
https://en.wikipedia.org › wiki › Deportation_and_removal_fr...
. This is the very job of a deportation lawyer.

Full Answer

Do you need a deportation lawyer?

A deportation defense lawyer will help protect your rights and ensure that you are not unjustly deported. Further, they will do their best to present your case in the best light, while outlining ways (if any) for you to continue staying in the U.S.A.

Can an immigration attorney stop a deportation?

A deportation attorney can help determine whether the charges against you, set by the Department of Homeland Security, are accurate and warrant your deportation. At Consumer Law Group, our deportation lawyers have extensive knowledge of removal laws. We understand that immigrants facing deportation might feel as if no one’s by their side.

What is a deportation lawyer?

 · One crucial constitutional right is that people cannot be deported without a legal hearing and may have a deportation lawyer. The USCIS will appoint an attorney to present the case against anyone facing removal. To adequately defend yourself or family member, a competent and experienced deportation attorney is essential.

What does a deportation officer do?

Our deportation lawyers have many years of experience representing persons in Immigration Court. It is the government’s burden to establish that they are removable from the US by clear, convincing and unequivocal evidence.

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What is deportation defense?

> Removal Defense. Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court.

What can stop a deportation?

Cancellation of Removal you must have been physically present in the U.S. for 10 years; you must have good moral character during that time. you must show "exceptional and extremely unusual" hardship to your U.S. citizen or lawful permanent resident spouse, parent or child if you were to be deported.

What is the process of deportation?

A deportation often begins with an arrest. If the person has committed a crime, he or she may be placed in a detention center when their state crime is resolved. In other cases, the person receives a notice to appear in a federal immigration court.

What is a deportation in law?

Deportation is the formal removal of a foreign national from the U.S. for violating an immigration law.

Can you get out of deportation?

If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable.

Can you fight deportation order?

If an immigration judge orders a person's removal, or deportation, the order can be appealed with certain exceptions. The person who has been ordered removed must file an appeal to the U.S. Board of Immigration Appeals (BIS) within 30 days of the immigration judge's decision in their case.

What is the most common reason for deportation?

Deportation for Crime Violations One of the most common reasons for deportation is a criminal conviction. While not all crimes are grounds for deportation, those relating to violence, drugs, firearm offenses, human trafficking, and the smuggling of illegal aliens into the United States may cause someone to be removed.

What are the consequences of getting deported?

Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.

How many types of deportation are there?

A guide to the removal process. Learn about the different types of proceedings involved in deportation, including removal, bond redetermination, withholding-only, and rescission hearings.

Who is in charge of deportation?

ERO is responsible for enforcing the nation's immigration laws and ensuring the departure of removable immigrants from the United States. ERO uses its detention and deportation officers to identify, arrest, and remove immigrants who violate U.S. immigration law.

What is deportation punishment?

deportation, expulsion by executive agency of an alien whose presence in a country is deemed unlawful or detrimental. Deportation has often had a broader meaning, including exile, banishment, and the transportation of criminals to penal settlements.

Can you come back after deportation?

If you were ordered removed (or deported) from the U.S., you cannot simply turn around and come back. By the legal terms of your removal, you will be expected to remain outside of the country for a set number of years: usually either five, ten, or 20.

What happens if an illegal alien is found to be legalized?

Once an illegal alien has been found qualified for legalization or “ amnesty ” by the USCIS, the deportation hearing will typically be closed since the alien will have attained the legal right to remain in the United States.

What is voluntary departure?

Voluntary departure is available to persons who are not deportable on aggravated grounds, who have the means to pay for their departure from the U.S., who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.

How to get a green card in the US?

You have to prove 4 things in order to get a green card through cancellation of removal: 1 You have been physically present in the US for 10 years or more; 2 You have been a person of “good moral character” for at least 10 years; 3 You do not have any disqualifying criminal convictions; 4 #N#and#N# 5 You have a US citizen or Lawful Permanent spouse, parent, and/or child under 21 who would suffer “exceptional and extremely unusual hardship” if you are deported.

What is the government's burden?

It is the government’s burden to establish that they are removable from the US by clear, convincing and unequivocal evidence. If the government meets its burden, you have an opportunity to apply for any and all forms of relief from removal that you are eligible for.

How does a consumer law group help you fight deportation?

With a Consumer Law Group deportation attorney working by your side, they can help you fight your deportation by providing you with the information and resources you need to win your case.

Can you be deported for marriage fraud?

In most cases, if you committed marriage fraud where you married a U.S. citizen just to gain residency, you can be deported. However, if you’re in a committed marriage, you can delay and even stop your deportation by obtaining a green card based on marriage.

Is it stressful to be deported?

For any immigrant, the fear of deportation can be unbelievably stressful. After moving to the U.S., whether to be with family or to work, deportation can dramatically alter your life. The team of experienced deportation lawyers at Consumer Law Group can help you curate a strong defense strategy based on current laws, immigration statutes, and public policies. With our deportation defense attorneys by your side, you can benefit from:

Why do people get deported?

However, one of the most prominent reasons is criminal activity. If you’re a foreign national convicted of a crime, such as drugs, firearm offenses, smuggling of illegal aliens, violence, or human trafficking, chances of being deported can be pretty high.

Is immigration law complex?

Immigration law can be extremely complex, especially when laws are constantly changing. At Consumer Law Group, our deportation lawyers are well versed in immigration law and can help you navigate this scary and overwhelming situation.

What is Deportation and Removal Proceedings?

Deportation and removal proceedings can be harsh for families to endure. In some instances, the process may be challenged and reversed with the proper defense and justification.

How Does the Immigration Removal Process Work?

One crucial constitutional right is that people cannot be deported without a legal hearing and may have a deportation lawyer. The USCIS will appoint an attorney to present the case against anyone facing removal. To adequately defend yourself or family member, a competent and experienced deportation attorney is essential.

Call Davis & Associates Immigration Lawyers

Are you faced with removal proceedings? Never try to navigate through complicated immigration law without a deportation lawyer. Working with an experienced deportation lawyer may be the best solution.

What is the legal term for deportation?

The legal term for deportation is "removal," but many people use these two words interchangeably, including attorneys, immigration officers, and immigration judges. We will use the word "deportation" in this article. First, let's understand the difference between being placed in deportation proceedings, being ordered deported, ...

What does it mean to be deported?

Being ordered deported means that either an immigration judge or an immigration officer has determined that you are not permitted to remain in the United States and ordered your departure.

Is deportation a scary thing?

Deportation ( also known as removal) is a confusing and scary topic, but it is important for any non-citizen living in the United States to understand. Let's walk through what it means to be deported, who is at risk of or can be deported, and what to expect in deportation proceedings.

Can you be deported without permission?

The procedure is used only with people who have been ordered deported in the past and have come back to the United States without permission. Like with expedited removal, you will not see an immigration judge. An immigration officer can order your removal from the United States on this basis.

What happens if an immigration judge denies your application?

If the judge denies your application, you will be ordered deported.

What is expedited removal?

Another procedural path to being deported is what is called " expedited removal .". The government initiates expedited removal proceedings against certain people who are in the United States without documentation or have misrepresented material facts in order to obtain U.S. admission.

What happens if a judge denies a case?

If the judge denies the case, having a solid amount of information on the record will make your chances of a positive decision on appeal much stronger. After all, this is your one and only chance to fully present your testimony and legal arguments.

Why is it important to hire an attorney?

What's more, hiring an attorney is more important than ever, given that they can keep up on changed procedural possibilities and communicate with the court about, for example, coming to an agreement on your case so that you won't even have to attend the hearing.

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Regulating Removal / Deportation

  • Before September 2002, the agency that was charged with overseeing immigration issues was the Immigration and Naturalization Service (INS). In September 2002, Congress passed and President Bush signed the Homeland Security Act, transferring the powers of the INS to the Dep…
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Exclusion vs. Deportation

  • Exclusionis determined when the foreign individual is seeking entry into the United States. Thus, when you are attempting to get a green card, a visa or just cross the border, you can potentially be excluded from consideration. If the United States has determined that you should be excluded, you cannot attempt to re-enter the U.S. for at least one year. It is a felony offense if you do re-ent…
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Reasons For Deportation Or Exclusion

  • Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as: 1. Committing fraud or misrepresenting a material fact in order to get a visa, green card, etc. 2. Convicted of a narcotics crime. Note: possessing a very small amount of mari…
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Stopping Removal / Deportation

  • If you have been served with an order for deportation proceedings, you still may be able to stay in the United States. There are several different ways you can seek relief from deportation. Some methods for relief from deportation include: 1. Suspend deportation – A deportable alien must fulfill the following criteria to suspend deportation: 1.1. The alien must be continuously and phys…
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Cancellation of Removal For Non-LPRs

Cancellation of Removal For Green Card Holders

Waivers

Suspension of Deportation

Adjustment of Status

  • Our deportation lawyers have successfully applied for adjustment of status for many of our clients thereby saving them from being deported. A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status (using Form I-485) to that of a lawful permanent resident. Also qualifie...
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Legalization and Registry

Voluntary Departure