Are you an immigrant living in this country either legally or illegally facing deportation?
The immigration side of the United States judicial system can be very scary to navigate on your own because immigration and deportation laws are not easy to understand and can move very quickly.
Grounds for Deportation
Removal from the country can occur if a person does not have legal status. Part of the grounds for deportation are if a person has:
- An overstayed or expired visa
- Misfiled a visa application
- Committed a crime, or violated any law
- Falsified immigration documents
- Represented themselves as a U.S. citizen, when they are not
- Committed marriage fraud
- Done drugs or is a drug addict
- Engaged in a high-speed flight from an immigration checkpoint.
These grounds can come to the attention of immigration authorities. If a person is about to be deported, they will obtain a notice to appear in court at a specific time and date.
Defenses to Removal
Rahgozar Law Firm, as your immigration lawyer can make defenses for alternatives to deportation, including:
- Adjustment of Status (AOS)
- Cancellation of Removal (42a or 42b)
- Crime Victims
- Special Immigration Juvenile Status (SIJ)
- Deferred Action for Childhood Arrivals (DACA)
- Voluntary Departure
These alternatives can help a person stay in the United States, or leave and be able to come back. In case of deportation, remember that you have the right to an attorney.
Having an attorney on your side is the best way to protect yourself if you are concerned about deportation.
Although many immigrants, particularly those who initially arrived here illegally, believe that remaining on the run and staying in the shadows is the most effective measure of protecting themselves from deportation, the problem is that once caught, there is often no backup plan.
While no immigration attorney can guarantee a successful deportation defense, having an immigration advocate by your side can help make the process more transparent and increase your chances in immigration court.
Not only are the procedures themselves arcane, there are very few easily accessible services available to help prepare a deportation defense and the stakes are very high. Additionally, there is no constitutional right to a court-appointed attorney in immigration court, which means that litigants are on their own if they do not hire counsel.
The skilled immigration attorneys working for the Rahgozar Law Firm are prepared to help you in your fight against deportation.
No one wants to be sent back to their country of origin against their will, particularly if they have nothing to return to. Our attorneys understand the legal and social problems that immigrants face, and provide both compassionate and aggressive representation of our clients.
FREQUENTLY ASKED QUESTIONS
How soon can you get me out of detention? How long will my case take to resolve?
Unfortunately, every case is different and the circumstances of the case will determine how long it will take. Deportation cases can be resolved within days in the event of a simple, provable mistake, but other cases can take years.
Do I have a right to a government-provided attorney?
No, unfortunately deportation is a civil administrative matter rather than a criminal case. Indigent defendants only have a right to a court appointed attorney in certain criminal cases involving sentences that would impose six months or more of imprisonment. In immigration deportation proceedings, you have a right to obtain an attorney at your own expense.
Is a deportation hearing like court on TV? Are deportation hearings like regular court trials?
No, deportation cases are special administrative proceedings held in front of federal judges who specialize in immigration matters. Deportation hearings are almost nothing like court-room TV, and often involve entirely different moving parts and procedures. In immigration deportation proceedings there is no jury, and the typical setting involves the immigrant, the opposing government attorney, the immigration judge, and a court translator. Additionally, deportation hearings are normally closed to the public.
Can I have a jury for my deportation hearing?
Deportation defendants have no right to a jury. A deportation hearing is a limited proceeding in which the administrative law judge makes his or her ruling from the bench without the assistance of a jury.
I am not a criminal and I pay U.S. taxes, why are they trying to deport me?
Unfortunately, any immigrant who is not in the country legally, or who is here legally but has violated the terms of their immigration status (including green card holders), is potentially subject to deportation. Every case and circumstance is different, which is why it is crucial to speak to an experienced immigration attorney as soon as possible.