Deportation Defense Lawyer in Newark Assisting Clients Who Are Facing Removal Proceedings

The U.S. Immigration and Customs Enforcement Agency (ICE) is said to have deported as many as 72,000 undocumented immigrants during the 2022 fiscal year. Once an individual is placed in removal proceedings, the clock starts ticking, but it does not mean that person has reached the end of the road. If you or a loved one is facing deportation, reaching out to a deportation lawyer as soon as possible is crucial. Learn the answers to common deportation defense questions and see what a lawyer can do to help you stay in the country.

What Are the Grounds for Deportation From the U.S.?

According to the U.S. Immigration and Nationality Act (INA), there are several reasons for the deportation or removal of non-citizens. These grounds may apply to both individuals who are undocumented (and unlawfully present in the U.S.) as well as lawful permanent residents.

A common ground for deportation is being in the U.S. unlawfully. Entering the U.S. in an unlawful manner (without permission) or failing to comply with any conditions to obtain entry into the U.S. are just a few examples of reasons a non-citizen may be deported. Those without a green card or another form of an immigrant visa may be subject to expedited removal proceedings, meaning they may be sent to their country of origin in as little as 24 h after being taken into custody by ICE without any deportation hearings.

However, even those with a lawful permanent resident status may be subject to deportation due to committing immigration violations such as fraud or being convicted of certain major crimes. If their lawful permanent residency status is determined to have been obtained through fraud or they have otherwise committed fraud (such as a fraudulent marriage to a U.S. Citizen, false representation, forgery, or alteration of documents to obtain benefits), that individual may be subject to deportation.

In addition, a foreign national with a criminal conviction for drug crimes, aggravated felonies, domestic violence, firearms offenses, and crimes of moral turpitude can be removed and become inadmissible to the U.S. That means once deported, they may not be able to return. Those with lawful permanent residency or those who have visas such as a fiance visa or a student visa have the right to a hearing and may also initiate an appeal process with the Board of Immigration Appeals (BIA) before they can be removed from the country.

How Can I Fight Deportation?

There are many pathways one can try in order to stop the deportation process and get a fighting chance to stay in the country, but with so much at stake, it is best to reach out to a deportation lawyer as soon as possible. One of the options your lawyer may attempt is to obtain a cancellation of removal. Cancellation of removal may apply to individuals with or without an immigrant visa or green card.

There are several things you may have to prove in order to obtain a cancellation of removal, including showing you have no criminal convictions and proving that you have family members in the U.S. that would suffer exceptional and extremely unusual hardships with your deportation. Each case is unique, and there may be other options, such as waivers, adjustment of status, asylum, withholding of removal, and requests based on the Convention Against Torture. Discuss your options with a deportation lawyer to learn the right choice for your case.

Is Voluntary Departure Better Than Deportation?

In some cases, a non-citizen may request a voluntary departure, which is a request for permission to leave the U.S. on your own by a certain date. Unlike deportation, the voluntary departure does not typically result in an automatic bar for you to return to the U.S. in the future legally.

It is important to note that those who are granted a voluntary departure order should be prepared to leave the country within a set period of time, which can vary from 60 to 120 days. If you fail to leave the country before this deadline, you may face several consequences, including a fine and an automatic reversal of an order of removal. Talk to your deportation lawyer to see if voluntary departure is the right choice for you.

Why Should I Hire a Deportation Lawyer for My Case?

Hiring a deportation lawyer is extremely important if you want to have a fighting chance to stop deportation proceedings and remain in the U.S. As explained above, there may be several alternatives that may allow you to avoid being removed, but none of them are simple or straightforward. When time is of the essence, you need a knowledgeable immigration lawyer such as the Law Office of Elsy Segovia, P.C. Contact our office in Newark, New Jersey, at (973) 622-7775 to discuss your case and see how we can help.