For many foreign nationals, including those in the U.S. illegally, as a non-immigrant or a legal permanent resident (legal immigrant), the idea of the American dream is a long held promise of a better life and greater opportunity. Those individuals also believe that taking away that belief and right is not possible. Unfortunately, for some of these individuals, all too often, they get caught for some violation of the law and they end up in the bureaucratic system facing deportation and having to appear in one of the many immigration courts around the country. If you are facing deportation or removal from the United States, seek the help of an experienced immigration attorney or deportation lawyer immediately to discuss your options and your case.
Why Are Foreign Nationals Deported?
Foreign nationals can be placed in deportation or removal proceedings for any number of reasons. Some of these reasons are set forth under INA 212 and INA 237. Drug related probation and criminal convictions can cause the largest problem, many times resulting in no bond or release from immigration custody while immigration proceedings are proceeding and pending. Whether you were found guilty of the crime (or not under deferred action or probation), any type of criminal activity can cause a ground for removal or deportation. Another common problem which can cause removal is improperly submitting required paperwork to the Citizenship and Immigration Services. This could mean that the forms that were submitted were not submitted on time or they had false or incorrect information included in them, or no evidence there was a clerical mistake.
Steps to Fight Removal or Deportation Proceedings
Once you have been notified that you are subject to removal from the United States, and if a Notice to Appear (“NTA”) has been issued to you to appear before an Immigration Judge for removal proceedings, contact an immigration attorney immediately to discuss your options and what will happen during the immigration removal or deportation process, which is quite a costly process both in legal fees and legal status. It is important to begin this process the right way and with a competent removal attorney as soon as you receive any notification from the Department of Homeland Security or the Department of Justice. Remember, time is not on your side, nor is the process. You will only have a limited amount of time for a qualified immigration lawyer, who understands federal law, to mount a defense on your behalf.
If you are placed in removal you may have defense options including:
“¢ Filing Motions to cancel removal proceedings if you are eligible
“¢ Filing applications for removal waivers
“¢ Applying for current changes and Asylum
“¢ Modification of current status
“¢ Applying for protection of status
Don’t Be Intimidated – Call Upon a Qualified Immigration Attorney to Defend Your Rights
Deportation and removal proceedings are processed by the Department of Justice and the Department of Homeland Security and charges can be filed by the US Customs and Border Protection, the U.S. Citizenship and Immigration Services and the Department of Justice. Any of the agents working for any of these agencies can be strict and intimidating, especially if you don’t fully understand the process. There have also been instances where foreign nationals sign documents, through intimidation and without representation, waiving their rights and protections under the law – and they were forced to leave the United States when a qualified immigration attorney could have helped them remain in the country.
During any investigative process or the removal or deportation process, you have the right to discuss your case with animmigration lawyer who can advise you of the exact meaning of all documents presented to you and your legal rights. Don’t be afraid to request to speak to an attorney, for if you waive this option, you may be signing away your rights and your right to remain in the country.
Note: the U.S. government does not pay for any immigration representation and the respondent, beneficiary or petitioner will be responsible for all costs and fees associated with any immigration legal representation.
The immigration lawyers and removal attorneys at Goldstein & Scopellite, PCare qualified and they know the law.
Goldstein & Scopellite, PC was established in 2002 and has offices located in Dallas, Texas and Tucson, Arizona. For more information, see their local listing inD Magazine.
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