Deportation and removal proceedings are among the most serious legal situations a person can face. If you or a loved one has received a Notice to Appear or is currently in removal proceedings in North Carolina, the outcome of your case could mean permanent separation from your family, your job, and your life here.
All immigration court cases in North Carolina — including those from Winston-Salem, Charlotte, Greensboro, and Raleigh — are heard at the Charlotte Immigration Court, located at 5701 Executive Center Drive, Suite 400, Charlotte, NC 28212. That court currently carries one of the largest case backlogs in the country, with over 125,000 pending cases and an average wait time exceeding 800 days. Navigating this complex system without experienced legal counsel is a serious risk.
At EMP Law, our deportation defense team is led by Helen Parsonage, a North Carolina immigration attorney named to the NC Super Lawyers Top 100 and Top 50 Women lists. She represents clients in both immigration court and federal appeals courts.
Contact us today to discuss your situation. Call (336) 724-2828 or send us a message online for a confidential consultation.
Key Points
- Removal proceedings follow a formal court process, usually starting with a Notice to Appear and moving through a master calendar hearing, an individual hearing, and (if needed) an appeal.
- You have the right to an attorney—but no public defender is provided, so representing yourself can lead to costly mistakes in a system with strict rules and deadlines.
- Common grounds for deportation include immigration violations and certain crimes, such as unlawful entry or overstaying, visa/green card violations, fraud (documents or marriage), or allegations of public-safety concerns.
- Several defenses may be available depending on eligibility, including asylum, withholding of removal, CAT protection, cancellation of removal, or voluntary departure—some of which can lead to lawful status.
Deportation Process
If you or someone you love is facing deportation, understanding the process is the first step toward building a defense.
Stage 1 – Notice to Appear (NTA)
The process begins when ICE or another government agency files a Notice to Appear with the immigration court. This document lists the government’s grounds for seeking your removal and establishes your obligation to appear in court. Once an NTA is filed, your case is docketed with the Charlotte Immigration Court.
Stage 2 – Master Calendar Hearing
This is a short, administrative court appearance often lasting just a few minutes. where you confirm your identity, hear the charges read, and enter a plea. Your attorney will also begin identifying potential defenses at this stage. You must appear; failure to do so results in an automatic removal order.
Stage 3 – Individual (Merits) Hearing
This is the main trial in your case. Both you and the government present evidence and testimony. The immigration judge will evaluate whether you are removable and whether any defense applies to your situation. This is where preparation and experienced legal representation matter most.
Stage 4 – Appeal
If the immigration judge rules against you, your attorney can file an appeal with the Board of Immigration Appeals (BIA). If the BIA appeal is also denied, further review may be available in the federal Fourth Circuit Court of Appeals, which covers North Carolina. EMP Law attorney Helen Parsonage is admitted to practice before the Fourth Circuit.
How long does the process take? The average wait time for cases at the Charlotte Immigration Court has reached approximately 807 days — though individual timelines vary depending on the complexity of your case, your custody status, and the specific defenses available to you.
Reasons for Deportation or Removal Proceedings
The reason for deportation removal proceedings usually rests with violating the law in some capacity. Often it is a violation of immigration law, but sometimes an individual may have committed other offenses, such as a criminal offense.
Some example reasons for deportation include, among others:
- Residing in the United States without legal or valid entry into the country,
- Committing a crime,
- Violating the terms of your green card,
- Violating the terms of your visa (e.g., student visa, work visa),
- Fraudulent marriage,
- Fraudulent documentation (e.g., forged passport), or
- Being a threat to society or public safety.
If the removal proceedings do not go your way, you will be ordered to leave the United States.
An experienced removal defense lawyer can help defend you during these proceedings and to prevent deportation.
Most immigration proceedings are complex and challenging, especially deportation proceedings. Many people try to save money by representing themselves throughout the process. Unfortunately, this often wastes valuable time and money in the long run.
Deportation and Removal Defenses
Several legal defenses can halt or stop removal proceedings. Whether any of them apply depends on your specific situation — your history, your family ties, your country of origin, and the basis for the government’s charges. Our attorneys will evaluate every available option.
Asylum
Asylum is available to individuals who have suffered persecution — or have a well-founded fear of future persecution — in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. If granted, asylum leads to lawful permanent residence. There are strict deadlines: in most cases, you must apply within one year of arriving in the United States. Learn more about our asylum representation.
Withholding of Removal
If you do not qualify for asylum but can demonstrate that your life or freedom would be threatened upon return to your home country, you may qualify for withholding of removal. This defense does not lead to a green card, but it prevents the government from removing you to that specific country.
Convention Against Torture (CAT) Protection
CAT protection applies when there are substantial grounds to believe you would be tortured if returned to your home country by, or with the acquiescence of, a government official. CAT protection has a higher burden of proof than asylum but can apply even to individuals with criminal histories that would otherwise bar relief.
Cancellation of Removal
This defense is available to long-term residents who meet specific criteria:
- For lawful permanent residents (green card holders): at least 5 years of permanent residence and 7 years of continuous presence in the U.S., with no aggravated felony convictions.
- For non-permanent residents: at least 10 years of continuous physical presence, good moral character, and proof that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
- If granted, cancellation of removal adjusts your status to lawful permanent residence.
Voluntary Departure
If no other defense applies, voluntary departure allows you to leave the United States by a set date — without a formal deportation order on your record. This preserves your ability to apply for a visa or re-entry in the future, which a removal order would otherwise complicate or eliminate.
Adjustment of Status
In some cases, individuals in removal proceedings may be eligible to adjust their status to lawful permanent residence — for example, through a qualifying family relationship or employment. An immigration judge has the authority to grant adjustment of status as a form of relief in certain proceedings.
Do I Need an Immigration Lawyer for My Deportation or Removal Defense?
At EMP law, we strongly advise anyone facing deportation or removal proceedings to hire a deportation defense attorney to advocate on their behalf. The outcome of these proceedings can drastically change your life. We are familiar with the rules, processes, and agencies involved with deportation proceedings. We know exactly how to help you navigate this unfamiliar and scary situation.
The best way to avoid costly mistakes is to have a knowledgeable North Carolina deportation and removal defense lawyer on your side.
Frequently Asked Questions About Removal Proceedings
Can I stay in the United States while my removal case is pending?
In most cases, yes, you are generally permitted to remain in the U.S. while your case works through the immigration court process. However, if ICE has detained you, you may need to request a bond hearing to be released while your case is pending. An attorney can argue for your release and represent you at a bond hearing.
What if I was ordered deported but never left can anything be done?
Yes, in some situations. A prior removal order can sometimes be reopened or rescinded through a motion to reopen or motion to reconsider, particularly if circumstances have changed or if you were not properly notified of earlier proceedings. These situations require urgent legal attention.
Can my U.S.-citizen family members help stop my deportation?
Having U.S. citizen or lawful permanent resident family members can be a significant factor in your defense. For example, certain family relationships are required to qualify for cancellation of removal. Family ties can also be presented as evidence of exceptional hardship, which weighs in your favor before an immigration judge.
What is the difference between deportation and removal?
These terms are legally equivalent today. “Removal” is the current official term used in the Immigration and Nationality Act. “Deportation” is the older term, but still widely understood and used colloquially. Both refer to the formal process by which a non-citizen is compelled to leave the United States.
Can I appeal if the immigration judge rules against me?
Yes. If the immigration judge rules against you, you or your attorney can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the decision. If the BIA also rules against you, further review may be possible in the federal Fourth Circuit Court of Appeals, which covers North Carolina.
What should I bring to my first meeting with an immigration lawyer?
Bring any documents you have received from the immigration court or from ICE, including your Notice to Appear (NTA), any court hearing notices, and any letters or orders you have received.
Also bring your passport, any visas or green cards, and documents showing your ties to the U.S. (employment records, tax returns, family documents). If you have any criminal history, bring documentation of those charges and their final outcomes.
Contact Our Deportation and Removal Defense Law Firm For Help
We have decades of combined experience protecting our client’s rights at EMP Law. Although deportations and removals follow a strict procedure, no two cases are alike. We understand each client’s unique situation and provide personally tailored attention to each case that comes through our door.
Our goal is to provide the best possible outcome for you and your family.
Contact us online or call (336) 724-2828 today to schedule a confidential consultation with one of our immigration lawyers.
Our Winston-Salem office is at 328 N Spring St, Winston-Salem, NC 27101.
Our Charlotte office is at 300 E Kingston Ave Suite 200, Charlotte, NC 28203.
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