Deportation or Removal Proceedings is the process by which a non-citizen immigrant can be removed from the United States. These proceedings are often instituted because an individual violated the law, committed a crime or because their immigration case before USCIS was denied. Although this process is not a criminal proceeding, you still have the right to an attorney.
However, unlike criminal proceedings, there are no public defenders in immigration court; in other words the government does not provide a defense attorney if you cannot afford one. Because of this, some individuals are tempted to represent themselves, but may regret doing so later.
If you work, reside or have a deportation or removal case in North Carolina, the EMP Law deportation defense team can assist you. Contact our North Carolina deportation defense lawyers for assistance.
If you or a loved one is facing deportation, it is essential to understand the general process to be better prepared for what to expect.
The deportation process typically begins with an arrest and proceeds as follows:
The precise length of the deportation process will vary widely from case to case. It can be completed within a matter of weeks or take years. Many factors can influence how long the process may take, including the length of time you have resided in the U.S., familial ties to U.S. citizens, your criminal record, and whether you have any prior removal or deportation orders.
Although you should take deportation matters seriously, do not panic. Reach out to EMP Law’s experienced deportation defense lawyers for help.
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
There are several defenses to deportation, and one may be a viable option, depending on the circumstances.
Common defenses include:
- Withholding of removal,
- Convention Against Torture (CAT) Claim,
- Voluntary departure, and
- Cancellation of removal.
To be eligible for any of these, you must meet specific qualifications.
Some defenses can lead to lawful permanent residence, which gives you the right to work, the freedom to travel, and a path to citizenship. Upon consulting with one of our immigration attorneys, we will discuss possible defenses appropriate to your case.
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.
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.
We Can Help You.
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