Andrew T. Thomas, Attorneys at Law
An individual may be deported from the U.S. if they have violated immigration laws. Deportation proceedings are serious, the consequences of which profoundly affect people’s lives.
If you are facing deportation or removal hearings, it is vital that you appoint a highly-skilled, experienced, and locally-based immigration attorney to represent you before the immigration judge. It’s important to remember that the government will be represented by an immigration attorney who has been through hundreds of deportation proceedings, if not thousands. Without a skilled and experienced immigration lawyer with a proven track record, you may be at a disadvantage.
Consider giving our sympathetic and passionate immigration attorney in Texas a call. We are intensely familiar with the deportation process and can provide you with the right deportation defense lawyer.
The Deportation Process
Foreign nationals who participate in criminal acts, threaten public safety, or violate their visas can be deported by the United States.
An order of expedited removal can be used to deport people who enter the U.S. without travel documents or with forged documents, without the need for an Immigration Court hearing. Others should go before a judge at the Immigration Court in a longer deportation process.
The most common reasons for deportation include the following:
- Presence in the United States without a legal or valid entry to the country (unlawful entry)
- Constituting a threat to public safety
- Violating the terms of a student visa, employment visa, or another type of visa
- Using forged travel documents
- Engaging in criminal activity
- Violating the terms of a green card
- Marriage fraud
- Failing to obtain the proper travel documents
Immigration is policed by Immigration and Customs Enforcement (ICE). If ICE accuses you of breaking an immigration law for which you can be deported, they will issue you with what is called a Notice To Appear (NTA), which should clearly outline their reasons for serving you such notice and placing you in removal proceedings. The NTA kick-starts deportation hearings, after which you may be ordered to leave the U.S.
Having a skilled and experienced deportation defense lawyer on your side could assist you in avoiding deportation. Deportation defense attorneys with experience in
If returning to your home country could put you in danger of physical harm or persecution, Asylum could be a possible way out for you. To help you protect your rights and demonstrate that your home government is unable or unwilling to protect you from persecution, consult with an experienced deportation defense attorney.
Are you being threatened with deportation because of criminal charges? The U.S. Immigration and Nationality Act (INA) lists a variety of criminal conviction and related grounds that makes a person ineligible for a visa or a green card. However, under certain circumstances, these individuals may be eligible for a waiver.
The government must follow due procedure when ordering deportation or removal. A deportation attorney can provide you with the necessary info you need while facing deportation proceedings.
What if You Have Been Issued a Deportation Judgment?
You will be expected to comply with your deportation order. However, if you feel that your civil rights have been violated during the immigration, detention, or removal proceedings process, you can file a complaint with the Department of Homeland Security.
If you are facing removal proceedings as an undocumented immigrant, you may be able to go through the adjustment of status process to get a green card to become a lawful permanent resident.
If you believe your civil rights were violated during the immigration, detention, or removal proceedings, filing a complaint with the Department of Homeland Security is a viable option. This could involve instances of procedural errors or rights violations.
Additionally, as an undocumented immigrant facing removal, you may have opportunities to legally adjust your status. The adjustment of the status process allows certain individuals to apply for a green card and become lawful permanent residents, depending on their circumstances, such as family ties or employment in the U.S.
This process can be complex and is contingent on various eligibility criteria, like the manner of your entry into the U.S. and your immigration history. Seeking advice from a qualified immigration attorney is advisable to explore this option and navigate the legal intricacies.
They can help assess your situation, advise on the likelihood of success, and assist with the application process. Remember, each case is unique, and the feasibility of adjusting your status will depend on specific individual factors.
Can You Fight a Deportation Order?
You can fight a deportation order when your application for deportation from the country has been rejected or deported by the United States immigration authorities. You do this by filing an appeal.
The Appeal of a Deportation Order
You may appeal certain deportation rulings. If you wish to appeal your deportation order, consider contacting Andrew T. Thomas, Attorneys at Law. Our deportation defense lawyers will assess your grounds for appeal and hold your hand every step of the way.
How Can We Stop the Deportation Process?
Despite the complexity of deportation and removal cases, there are several legal options we can discuss with you.
Possible options could include applying for:
- Waivers of Inadmissibility
- Cancellation of Removal
- Legalization and Registry
- Political Asylum
- Withholding of Removal or Deportation
- Suspension of Deportation
- Adjustment of Status
- Board of Immigration Appeals (BIA)
- Voluntary Departure
If denied any of the above, you still have the option to appeal the decision before the U.S. Department of Justice’s Board of Immigration Appeals. A committed immigration lawyer from the law offices of the Andrew T. Thomas Immigration law firm can assist.
Can a Deportation Order be Removed?
Two scenarios present themselves here, depending on your location:
Physically Present in the U.S.
If you are in the U.S., you can:
- Apply for cancellation or vacation of the order: This needs to be done in the Immigration Court that issued the order of deportation.
- Apply for waiver or cancellation of the order: Waiver or cancellation of your former order of deportation is applied for with the Immigration Service.
Outside of the U.S.
Should you be outside of the U.S., you can request permission from the U.S. Attorney General to re-enter the country. This procedure is complex, and success is by no means guaranteed and depends on the circumstances of each case.
However, an experienced attorney might prove helpful and increase your chances of success.
How We Can Assist With Deportation Proceedings
In the United States, immigration laws are complex, making it difficult for individuals to handle their cases on their own. Hiring immigration attorneys offers several benefits, including the important aspect of leveling the playing field. You will not be on your own in a David versus Goliath scenario where you, as an individual, face the might of the U.S government and its enforcement agencies.
With the comprehensive knowledge of our immigration lawyers, you can be confident that you will receive skilled and professional advice. Please call us today for your free consultation. We will evaluate your case and suggest a case strategy. If we are the right firm for you, we will suggest a case strategy to you.
Frequently Asked Questions
The cost of appointing a knowledgeable deportation defense attorney will depend on the complexity and nature of the case. Experience costs money, but it increases the likelihood of a positive outcome.
During removal proceedings, you may be able to leave the U.S. at your own expense within a specified period of time. This is called voluntary departure.
Voluntary departure allows you to avoid a deportation order.
There are two types of Voluntary Departure:
- Pre-conclusion voluntary departure: Pre-conclusion voluntary departure must be requested at the beginning of your immigration proceedings.
- Post-conclusion voluntary departure: This option is available at your final hearing, but it is more difficult to obtain.
The reward for voluntary departure is that you will not have any deportation order in your immigration record. Deportation can bar you from entering the U.S. for up to ten years and make you ineligible for some immigration benefits. Voluntary Departure will probably allow you to return to the U.S. much sooner.
Unfortunately, if you are granted your request to depart voluntarily, you will have to leave the United States at your own expense. If you do not voluntarily leave the U.S. within the designated time, there could be severe consequences, including fines and other penalties. These could complicate your attempt to re-enter the U.S. in the future.