What Is Deportation?
Deportation is the formal removal of a foreign national from a country such as the United States for violating immigration law.
A foreign national deemed deportable is generally not deported from the US immediately. The person must first attend an immigration hearing before a judge, where they can plead their case. However, this is not always the case.
Deportation or a removal proceeding requires specialized knowledge of immigration law as well as criminal law since many non-citizens face deportation because of criminal convictions or pending criminal charges. A legal representation from an experienced attorney may be necessary for the most favorable outcome.
Deportation: When Does a Person Become Deportable?
Deportation can be based on several reasons. Those foreign nationals who have a criminal conviction, are a threat to public safety, enter the country illegally, or violate their visas may be deported.
Previously, the Department of Homeland Security usually deported immigrants for one of two reasons: aggravated felony or a crime of moral turpitude. Immigrants who had committed less serious crimes would have faced the same judicial outcomes as US citizens under the American criminal court system.
However, there has been a rise in deportations based on convictions for less serious crimes in recent years. Hiring an attorney experienced in removal (deportation) defense can be critical.
What Is a Deportation Hearing?
Deportation or a removal hearing is conducted to determine if an individual is subject to removal from the U.S.
The procedure begins when the Department of Homeland Security (DHS) serves a non-citizen a Notice to Appear, which tells them they will have to appear before the immigration court judge. Immigrants may be held in detention awaiting trial or removal. Sometimes, detained immigrants can be released upon paying a bond. Although DHS can set the bond, it usually requires a bond hearing before the immigration judge.
What Are Expedited Removal Proceedings?
Expedited removal proceedings allow the Department of Homeland Security (DHS) to deport a person who has no immigration status without giving that person an opportunity to go before an immigration judge.
Under immigration laws, only people who entered the United States illegally using false documents or overstayed their visas can be made to leave immediately.
A person cannot appeal such an order in an immigration court, but an individual can ask for the government to review the order.
Expedited removal happens shortly after arrest – a person can be removed in a matter of hours or days by US immigration officials.
What Is a Deportation Lawyer?
A deportation lawyer is an attorney who focuses on a specific type of immigration law.
An experienced immigration attorney is typically not just familiar with immigration law but also knows about other immigration matters, such as criminal law, business immigration, visas, and green cards.
If you are facing deportation or are concerned about your immigration status, contact an Atlanta deportation lawyer from a reputable law firm.
What Does a Deportation Lawyer Do?
A deportation lawyer provides deportation defense.
Atlanta immigration lawyers often review an individual’s immigration history to identify any grounds for relief. If none exist, they may try to get an extension on the removal date or a stay of removal. They might also try to have their client released on bond or parole.
Ultimately, experienced lawyers will help their clients apply for another form of relief that will allow them to stay in America legally.
If deportation proceedings are already underway, as your deportation lawyers, we will:
- prepare you and any witnesses for your immigration court appearance
- deal with complex court procedural requirements of immigration law
- prepare briefs arguing your case
- represent you and assist you in presenting your case in the hearing, no matter how long it takes
A deportation lawyer in Atlanta, Georgia, can help you with your deportation defense and immigration appeals.
Why Do You Need a Trusted Deportation Lawyer in Atlanta, GA?
Every year, thousands of people are deported from the United States. The reasons for deportation vary and depend on the circumstances of each case.
Many foreign nationals aren’t flagged for deportation by the immigration authorities until they are arrested or have pending criminal charges for an incident.
If you’ve been charged or convicted of a crime and are not a US citizen, you may be deported to your home country, depending on the immigration court’s ruling.
Choosing a Law Firm for Your Deportation Defense
There are many challenges that you might face when planning your deportation defense.
As your Atlanta immigration attorneys, we will guide you on how to proceed with your matter, especially if there is an added complication of a criminal conviction or offenses.
Deportation defense is just one of the many citizenship and immigration services we offer. Contact us now for an immigration status evaluation.
How to Find a Good Deportation Attorney
You need to consider certain aspects when searching for immigration lawyers to help you fight deportation proceedings.
First, the attorney you hire should have extensive and current experience in immigration law. Immigration laws and policies change frequently, so it is crucial to find a lawyer who is up to date with the changes and the relevant court rulings on the subject. typically, membership in the American Immigration Lawyers Association helps immigration lawyers stay current in the field.
Aside from immigration law experience, familiarity with the federal agencies that handle immigration cases is an essential characteristic of a good deportation attorney.
Also, you should consider the cost of a deportation lawyer. The type of case will usually determine the price of an immigration lawyer. For example, a person with an open removal case who is seeking asylum may have difficulty making their case for asylum, which could result in a higher fee to address this case.
However, a good deportation attorney can make the difference between success and failure in a deportation case. The cost of hiring a knowledgeable Atlanta deportation lawyer may be worth the expense, especially when you are facing a removal order.
Who Should Hire a Deportation Defense Lawyer?
If you are facing possible deportation, speak with an experienced deportation attorney to get their opinion on your situation and learn about possible paths forward.
If you are an immigrant in the Atlanta metro area and you’re facing criminal charges, that is also a good reason to consult with an Atlanta deportation attorney as soon as possible. Depending on your situation, you may be able to plea to a lesser charge which does not have deportation implications.
Why Should You Hire an Atlanta Deportation Attorney?
It is crucial for those going through the deportation process to hire an Atlanta deportation attorney.
We can advise you on the available courses of action and their possible outcomes, assist you in acquiring a stay of deportation, and provide deportation defense in court.
As your deportation attorneys, we will:
- ensure that you go before an immigration judge and help you avoid being deported without due process
- ensure that your rights are protected, and you are not treated unfairly by immigration officials
- provide advice on your immigration case and representation in you in court
- fight relentlessly to avoid detention and removal proceedings
Should You Hire a Deportation Attorney?
Immigration issues are complex matters which require the assistance of an immigration lawyer.
Regardless of the reason for your possible deportation, hiring an immigration attorney to protect your legal rights and help you through the process is critical.
At Tadeo & Silva, we understand the fear of having a family member in removal or deportation proceedings. We fight relentlessly to help those facing removal from the United States.