Deportation and Removal
Atlanta Deportation Lawyer, Georgia Removal Lawyers
Our Atlanta deportation lawyer, immigration lawyers and criminal defense lawyer defend immigrants facing deportation or removal due to a violation of the terms of their visa or entering the country illegally. Our Atlanta deportation lawyer also provides criminal defense representation. By working with immigration officials and the courts, we carefully review actions taken by the government to determine if the client’s rights were violated and whether or not extenuating circumstances mitigate the client’s responsibility in failing to appear in court, renew their visa, or enter the country properly.
Because of the harsh provisions of the 1996 laws, even relatively small misdemeanors can lead to one’s removal from the United States, no matter how long he or she has been a lawful permanent resident. Nor does it matter how long ago the act took place; you could have shoplifted 20 years ago as a youthful prank. Depending on the wording of particular statues violated, drunk driving, simple battery, etc. can all be a basis for a removal proceeding. Waivers or cancellation of removal may be available to qualifying applicants depending on the clientâ€™s circumstances.
In 1993 a removal proceeding was known as â€œexclusion and deportation, but the new deportation law in 1997 renamed deportation â€œremoval.
In an amendment of the 1917 Immigration Act, voluntary departure and suspension of deportation were authorized in certain cases. If you are an alien and you are likely to be deported or removed from the United States, seek the assistance of an experienced immigration attorney. You can apply for an emergency stay of the removal or deportation. You will face imminent deportation if you are detained by the USCIS. To apply for a stay, you must be in actual custody of the USCIS. Call our atlanta deportation lawyer today.
If you are detained by the USCIS and you have an action pending before the Board of Immigration Appeals, you can request for a stay of deportation if you are in danger of immediate removal or deportation from the United States.
Aliens found to be removable can apply for certain discretionary relief. If you are seeking such relief, you must prove that your are eligible for such relief and that your case is a fit case for the exercise of the discretion.
A common relief from deportation or removal is voluntary departure. You must request the court to let you voluntarily leave the United States on your own expenses. You can either return to your home country or to any country that you can legally enter. By availing voluntary departure, you can avoid the consequences associated with deportation or removal from the United States. If your request for voluntary departure is accepted, you must leave the United States within the time specified by the judge. Generally you will have 120 days to leave the United States. If your request for voluntary departure is granted at the end of a removal proceeding, you must leave the United States within 90 days. The judge has the discretion to ask you to leave the United States in lesser time period in both cases. .
If you are a lawful permanent resident facing deportation or removal, you can request cancellation of the removal. To be eligible for cancellation of removal, you must have been a green card holder for at least 5 years and must have been living in the United States continuously for a minimum of 7 years after you were lawfully admitted into the United States. You will not be eligible if you have an aggravated felony conviction.
If you are a resident alien, you can also request for cancellation of removal or deportation if you have been continuously living in the United States for a minimum of 10 years and you have a good moral character. You must not have a criminal record that would make you removable. You must show that if you are deported or removed from the United States, it will cause extreme hardship to you and/or your immediate family. Immediate family refers to spouse, parents and children) who are American citizens or green card holders.
US immigration laws are complex. If you are facing removal or deportation, you must act fast. A removal or deportation the United States can adversely affect your rights to reenter the United States.
After an immigrant is arrested – for unrelated state charges, for example, he or she is usually held in county jail until he or she makes bond. If such person has immigration issues such as a violation of their immigration visa, a deportation officer might place a detention or â€˜holdâ€™ on such person – sometimes without an immigration bond. Later, a removal proceeding is scheduled to determine whether the person will be deported. The immigrant receives a â€œNotice to Appear (NTA) from Immigration and Customs Enforcement, part of the federal governmentâ€™s Department of Homeland Security.
The removal proceeding is usually presided over by an immigration judge, who hears arguments from the immigrantâ€™s attorney and the opposing government attorney from USCIS (US Citizenship and Immigration Services), the governmental agency seeking deportations. The immigration judge then issues a decision – usually an order of termination, relief from removal, or a removal.
A removal / deportation hearing can be intimidating, especially for immigrants unfamiliar with American laws and regulations. That is why one is advised to obtain the advice and counsel of an experienced Georgia immigration deportation attorney.
Call us today for a confidential consultation, and ask to speak with an experienced Atlanta immigration deportation & criminal defense atorney. Call our atlanta deportation lawyer today for a consultation.