The prospect of deportation (removal) from the United States is one of the most terrifying experiences a person can face. If you are facing deportation, there is simply too much on the line to be without an experienced defense lawyer.
A seasoned Ft Lauderdale deportation defense attorney can explain the connection between criminal charges and deportation and can help protect your rights. An immigration attorney can help you remain in the U.S.
Deportation Process
Deportation proceedings (now called removal proceedings) are an administrative hearing process in which the U.S. government seeks to remove a non-citizen from the country because they are alleged to be inadmissible or deportable.
The connection between criminal charges and deportation is such that those who have committed crimes become deportable. The removal proceedings commence when the DHS files a Notice to Appear, which is a charging document notifying the person of the reasons for removal.
Under certain circumstances, removal proceedings may involve detention. For example, many types of criminal convictions will subject the person to mandatory detention. Anyone that is detained during the deportation process has the right to request bond. A defense Lawyer in Ft Lauderdale can help a person navigate the deportation process.
Types of Hearings
There are generally several types of hearings during the course of removal proceedings. The first is known as the master calendar hearing, which is where the person, or their attorney, must enter a plea to the allegations contained in the notice to appear and indicate the form of relief they seek.
If the case proceeds to an individual (merit) hearing, the person can present evidence as to why they are entitled to relief. There are many types of defenses to contest removal, including:
- Adjustment of status
- Asylum
- Cancellation of removal
- Deferred action (DACA)
- Withholding of removal
- Waivers of deportability
If the immigration judge denies relief or issues an order of removal, the person will have a right to appeal. A defense attorney could help through every step of a deportation hearing.
Grounds of Deportability Under the Immigration and Nationality Act (INA)
Any person who is inadmissible or deportable is subject to removal from the United States. Inadmissibility applies to people who are attempting to enter the country or who are currently in the country after entering illegally. Deportability refers to people who are living within the U.S. and who were lawfully admitted.
Section 237 of the INA outlines who can be deported and the legal grounds of deportability. Those reasons include, but are not limited to:
- Being convicted of a crime of moral turpitude within the first five years of the date of admission to the U.S.
- Obtaining legal status by committing marriage fraud
- Non-citizens who were inadmissible at the time they entered the U.S. or have violated the terms of their immigration status
- Being convicted of an aggravated Felony
- Being convicted of a drug offense
- Being convicted of a firearms offense
- Being convicted of a domestic violence offense
- Having multiple criminal convictions
- Has engaged in or likely to engage in terrorist activity
- Failing to register as a sex offender
- Failing to inform USCIS of a change in address within 10 days of the move, unless they can prove that the non-compliance was reasonably excusable or was not willful
A lawyer in Ft Lauderdale can defend any of these deportable actions.
How a Ft. Lauderdale Deportation Defense Attorney Can Help
Ft. Lauderdale deportation defense lawyers understand the life-changing consequences of removal, which is why we will fight tirelessly to help you achieve the most favorable outcome available in your criminal case. To learn more about criminal charges and deportation, consult a skilled immigration attorney that can inform you of your defense options. Call Leifert & Leifert today.
