Carmen Gallardo
Miami is made up of immigrants from all over the world. We have created a very diverse community that provides opportunities to new comers. Unfortunately, many people who live in Florida also face the risk of deportation due to issues with the legality of their stay here. Deportation is the process of expelling a foreign national from a place or country. That process can be incredibly overwhelming for a family to work through and it is heartbreaking to experience a loved one be deported. At Gallardo Law Firm, our deportation lawyers in Miami aim to help as many families as possible in our community with these matters.
There are many circumstances under which someone can be deported, some of these are:
A deportation typically begins with a notification from the Department of Homeland Security.
After receiving your notice, you will enter an initial hearing to tell you the reasoning behind your possible deportation and offer the opportunity to apply for relief of removal.
At the individual hearing you will have the opportunity to seek resources and make a case for yourself.
Asylum and Refugee Status- Political Asylum may be granted to a foreigner qualifying as a refugee. The person must show returning to their country of origin will cause them to be persecuted or make them receive physical injuries or death, due to skin color, religion, membership of a particular social or political convictions group and others.
It is granted to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return. This can be because of various reasons such as war, environmental disaster, and other extraordinary conditions.
A waiver for criminal misconduct may be issued if the criminal activity was more than 15 years before, if the alien wouldn't be a threat to the national safety, security or welfare and if the alien has been rehabilitated. Other crimes can be subject to the waiver but it depends on the seriousness of it and timing.
The 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, they should prove that has lived in the country for the last 10 years and has not committed serious crimes. They 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.
This is the option to ask U.S. Immigration and Customs Enforcement (ICE) to dismiss your immigration court case.
Adjustment of Status will sometimes occur 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. To begin 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.
Is another option for a person facing deportation proceedings. They can choose to go 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. You can file for the Motion to Reopen and it must be filed within the 90 days of the 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. There are also other options such as
Gallardo Law Firm highly encourages you to contact an attorney as soon as possible after you receive your notice so that you can have enough time to work diligently. We will provide you a free initial consulation to review the factors of your deportation and how we can work carefully to seek defenses and immigration relief for your case. Our laywers have countless experience in defending immigrants over the years and can provide insiciteful advice and support to you and your loved ones. We want to assist community members every step of the way in their immigration process, don't do it alone.
After deportation you have several options. The first one is to apply for a re-entry permit, this document will allow you to en-enter the United States with intention to return to their country. There are also waivers of inadmissibility which allows you to enter the country under the premise of being related to a U.S citizen or because of health complications or more. Lastly, there is Humanitarian parole which refers to aliens in critical need due to factors such as medical treatments, being underage, pregnancy, serving as a witness, and more.
We hope to assist you on you case as we can provide the strongest defense to ensure you receive the best results. Our team cares about your clients and we are here for you every step of the way. We handle judicial hearings, are available for contact at any time. If you have any questions or wish to pursue your case with us, you can visit us at our Miami or Hialeah office, or call us at (305) 261-7000
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