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Removal / Deportation Process

If you or a loved one is facing deportation, it is critical that you contact an experienced Florida deportation attorney.

There are a number of circumstances that could lead to an individual being placed in deportation or removal proceedings. The most common reasons immigrants or foreign visitors are placed in deportation or removal proceedings are as follows:

  • Misdemeanor (depending on circumstances) and most felony criminal convictions
  • Aggravated felony convictions
  • National security offenses
  • Terrorism related violations
  • Referral from the asylum office after unsuccessful application for asylum
  • Finding of guilt in any offense, not necessarily a crime, related to controlled substances
  • Failure to maintain non-immigrant status or other immigration violations including immigration fraud
  • Loss or abandonment of permanent resident status
  • Unlawful employment

Removal Initiation

An individual is placed in Removal Proceedings by the issuance of a Notice to Appear (NTA), formerly an Order to Show Cause (OSC) in Deportation proceedings. The NTA / OSC document contains allegations and cites the law under which the immigrant is removable. Immigration Court proceedings generally consist of a Bond Hearing and Removal (formerly Deportation) Hearings.

Protection From Deportation

When an immigrant is detained, the federal government can keep them for an indeterminate amount of time, even if no crimes have been committed. Our firm focuses extensively on cases involving immigrants who are currently detained by the U.S. Immigration and Customs Enforcement Agency (ICE). We travel to detention centers across the nation to see if they are eligible for release on bond. We work tirelessly to remove our clients from detention centers and help them remain in the United States.

Bond Hearing

At this Hearing, the Judge will review the case evidence and determine whether an individual should be released from Immigration and Customs Enforcement custody on bond while Removal Proceedings are pending. During a Bond hearing, an immigration judge may, at his/her discretion, hear any and all information presented by both parties, regardless of whether such information would be allowed in Removal proceedings.

Not Eligible For Bond

Immigrants who have committed crimes may not be eligible for release on bond, however, they could still avoid deportation if the federal government can be convinced to release these individuals from immigration detention on parole or supervised release.

Fighting Deportation Or Removal

There are two phases to the deportation process. In the first phase the immigration judge determines whether the immigrant is deportable or inadmissible. At this phase, we will present evidence and arguments against the deportability or inadmissibility of our client.

If the judge determines that our client is either deportable or inadmissible, we move on to the second phase of the process and apply for relief from removal. There are several forms of relief for immigrants that are facing deportation offered through the Immigration and Nationality Act (INA) as follows:

  • Granting of asylum
  • Adjustment of status
  • Suspension or cancelation of deportation, in deportation proceedings
  • Withholding of removal or deportation
  • Waivers of deportability and inadmissibility
  • Legalization and registry

If our client appears eligible, the judge will then determine whether relief should be granted. We work tirelessly to make the best case on behalf of our clients in our efforts to get them the necessary relief and provide them the opportunity to remain in the United States.

Cancellation Of Removal

This remedy, provided by the INA, stops your deportation/removal. Your eligibility for this remedy depends on what type of documentation you have. Contact our firm today to see whether you qualify.

Granting Of Asylum

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Withholding of Removal or Deportation

A withholding of deportation prohibits the government from deporting the immigrant to his home country, but it does not permit the immigrant to apply for permanent resident status within the United States.

Adjustment Of Status To That Of Legal Permanent Resident (LPR)

This allows undocumented immigrants to apply for lawful permanent residence status if they can meet certain requirements. To qualify, you must be admissible for permanent residence, and have an immigrant visa available at the time you apply for the adjustment. With many qualifications, these petitions can be submitted only after an immigrant visa petition filed by a spouse or family member who is either a citizen of the U.S. or a lawful permanent resident, have been approved by the U.S. Citizenship & Immigration Services (USCIS). In some cases, an approved by USCIS immigrant visa petition filed by the qualifying employer can serve as a basis for subsequent adjustment of status application. To qualify, the employer must show that it has extended a genuine offer of employment to the immigrant, satisfied rigorous recruitment requirements imposed by the U.S. law and succeeded having its I-140 immigrant petition approved by USCIS.

Suspension Of Deportation

A deportable immigrant can apply for permanent residence through this remedy if (1) he or she was continuously physically present in the country for seven or more years, (2) is a person of good moral character, and (3) deportation would cause an extreme hardship on the immigrant, or a spouse, children or parents who are citizens or lawful residents of the country. This remedy only applies to immigrants who are involved in deportation proceedings. For more information, contact our firm today.

Waivers Of Deportability And Inadmissibility

Similar to a suspension of deportation, these waivers depend on if the immigrant can establish that his or her removal (deportation) from the USA would cause extreme hardship in some instances to himself or herself, and in others, to the qualifying relative or relatives. This remedy also takes into account how long the immigrant has been in the country. Most of these waivers also apply to immigrants involved in removal proceedings.

Legalization And Registry

These are two separate forms of relief that focus on allowing undocumented immigrants who lived in the United States for an extended period of time to remain in the country. Legalization occurs when amnesty has been granted to a certain immigrant or class of immigrants. This is extremely rare. Registry is a far more common remedy. Here, you must be able to show that you have a good moral character, are not guilty of any aggravated crimes and are eligible for citizenship.