Deportation Lawyer Miami

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Introduction to Deportation Lawyer Miami

Significance of Deportation

Deportation is an old practice that consists of the expulsion of a foreign national from a place or country. All countries reserve the right to deport foreigners. Deportation in United States is arranged by an immigration judge without any penalty imposed, and managed by USCIS and Customs Enforcement. It usually requires a simple, legal process that should be validated by a court.

Important Deportation facts to know

United States has one of the highest numbers of illegal immigrants. Here, we mention some of the circumstances or common reasons that potentially lead to a deportation or removal proceedings:

  • Violation of immigration laws such as working without authorization
  • Threat to national security.
  • Disease Carrying.
  • Felony or misdemeanor criminal convictions such as domestic violence, drug trafficking and others.
  • Disrupt international relations
  • Immigration fraud
  • Acquiring revenue through trade or smuggling, generally demonstrate antisocial behavior
Deportation Process

Deportation and Removal Process. How does the Deportation Process Work?

The process of Deportation has different steps. It stars with a notification and ends with the removal order. The Immigration and Nationality Act regulates Removal Proceedings when an alien should be deported.

The process begins at the time the Department of Homeland Security opens the deportation process by issuing a Notice to Appear document. This document contains some information such as your name, the country in which you were born, the reason why you have been ordered to appear and the explanation how you by allegation broke the law. It also reads about the right you have an attorney for whom you are completely entitled to cover his/her expenses and the consequences of your absence to the hearing.

The day of the hearing the judge can decide whether the immigrant will be deported for the reasons stated in the notice, or may be given an opportunity to make his defense and apply for relief from removal. Another hearing will be held if the immigrant is eligible.

Immigration Judge

Immigration Judge

If the judge grants the opportunity to undertake the defense, the person can use as resources one of the different types of relief from removal such as cancellation of removal, seeking asylum, adjustment of status, voluntary departure, or judicial appeal administrative appeal.

Cancellation of Removal

Immigration removal process may be granted if the lawful permanent resident has lived 7 years in a row after being admitted to the country, has never been convicted of a felony, has not been a terrorist or a member of a crew or exchange visitor, and never before has submitted a cancellation of removal.

If the person is not a lawful permanent resident, he/she should prove that has lived in the country the last 10 years and has not committed serious crimes. He/she should prove a good moral character and if deported, this can cause irreversible damage to family members who are either US citizen or lawful permanent resident.

Political Asylum

The Political Asylum may be granted to the foreigner qualifying as a refugee. The person should be able to show that if return to the country of origin may suffer persecution, physical injury or death, due to skin color, religion, membership of a particular social or political convictions group and others.

Adjustment of Status

Adjustment of Status occurs when the Immigration and Nationality Act consents the change of an alien’s immigration status from non immigrant or parolee to permanent immigrant once the person was inspected, accepted and conditionally granted permission to enter into the United States; and must satisfy all the requirements for a Green Card.

In order to start the process for Adjustment of Status you need to determine the immigrant category that better fits you. This includes a petition on your behalf by a family member using form I-130, Petition for Alien Relative; or employer filing the form I-140, Petition for Alien Worker or obtaining a refugee or asylum status among others.

Voluntary Departure or Voluntary Deportation

The Voluntary Departure or Voluntary Deportation is another resource that the person facing deportation proceedings can choose without the final order of removal. If the individual willfully departs within the schedule assigned by the court, he/she will be able to legally re-enter the country in the future and enjoy other immigration benefits.

  • The Motion to Reopen is filed within the 90 days of date of entry of the final order or removal. At this time, the immigrant will have significant facts to be presented at the deportation hearing.
  • The Motion to Reconsider can be used to review a deportation case before the Court of Appeal to Immigration specifying that there have been errors of law.
  • A Stay of Removal will keep the Department of Homeland Security from implementing an order of removal. It is temporary and often comes with a motion to reopen or reconsider.
  • Judicial Appeal occurs in very special cases where immigrant is allowed to appeal the decision to the Board of Immigration Appeals before a Federal Court.
  • The Administrative Appeal is made to the Board of Immigration Appeals. This board has the ability to dismiss the appeal, sustain the decision of the Judge or send back the case to the Judge.

Result of Deportation

The process of deportation usually takes about 160 days. Following deportation the individual will not be able to return to the United States for a period that can range from 5 years to a negative lifetime for those who committed a felony. But the law gives us the opportunity to request a waiver to re-enter the country before the end of the term time. But never waiver is granted to those who were deported for committing a felony.

About Gallardo Law Firm

immigration lawyer Miami

Gallardo Law Firm has been representing clients with a high level of knowledge with regards to immigration law.. Gallardo lawyers are qualified in Immigration and Nationality Law. They will fight to preserve their legal rights. The Immigration Attorney at Gallardo Law Firm dedication and determination have made possible that many of people remain in the United States after facing immigration matters such as removal proceedings, naturalization, provisional waivers and others. They also have legal support online in the website that knows about deportation laws, advising customers of their rights. If you or any family member is facing deportation from the United States it is eminent that you consult a lawyer. Call us today; we will greatly assist you in responding to your inquiry.


Questions and Answers about Deportation Lawyer Miami

Questions and Answers about Deportation Lawyer Miami

Citizens of the United States may petition for their parents once they reach 21 years old. Once the petition is approved the green card application may be filled. This can be done at the parent’s home country or through USCIS if the parents are eligible for adjustment of status.
If your home country is the country that you fled from persecution the answer is no. If you go back to your home country once your asylum status is granted, then you do not fear returning and your asylum status could be revoked for fraud.
You can apply in the court that issued the order of deportation for them to cancel or vacate the order; or apply for the Immigration Service to waive or cancel the order of deportation.
The visa used to travel to the United States for specific reasons for specific period of time. There are non immigrant visa categories with differences based on the trip purpose; tourism, investment, education, religious worker, artists, temporary workers, businesses, and more than 70 other types of visas.
It is a request to a higher authority to revise a conclusion.
The Immigration and Nationality Act to be the basis of legal immigration system since 1952.
In most cases, the appeal must be filled on form I-290B which is Notice of Appeal or Motion. It is important to know that filing an appeal does not delay the carrying out of any decision made in your case or prolong a previously removal date.
You have rights here in the United States and therefore must demand them; you can remain silent and request a lawyer. You do not necessarily have to sign any document and you are entitled to make a phone call. You just maintain a posture of non-resistance, and if you decide to talk remember that everything you say can be used against you.
This depends on whether the order of deportation could be changed or not. The law permits to have the order of deportation reviewed and vacated. If the order of deportation cannot be changed and the individual has or will have an approved visa petition, then he/she can file a request for admission after deportation using form I-212.