Deportation can have far-flung effects on you and your family. If you are deported, you are forced to leave the United States and return to your home country. At this point, you will need to start your life anew.
For those facing deportation, a Duluth deportation defense lawyer at Barrios Virgüez can help. We make it easy to connect with an experienced immigration attorney. From here, you can get the legal help you need to resolve your deportation case.
Why an Individual Can Be Deported
The U.S. Immigration and Nationality Act (INA) defines the criteria for deportation. This act was originally enacted in 1952 and has been updated many times over the years. Under INA, a non-citizen can be deported for several reasons, including:
Criminal Conviction
A non-citizen can commit a crime and be found guilty. In this instance, the individual may be required to leave the country. The individual is sent back to their home and may receive additional punishment.
Illegal Entry into the United States
There can be times when a person enters the United States illegally. Or, someone may violate the terms of their visa to stay in the United States. In either of these scenarios, an individual can face deportation.
Fraud
A person may fraudulently submit materials as part of their efforts to get a green card or citizenship. Doing so may allow an individual to temporarily gain access to the United States. However, once these fraudulent materials are discovered, the individual who submitted them is subject to deportation.
A deportation defense lawyer in Duluth understands the INA and other deportation rules and regulations. The attorney can teach their client about the ins and outs of deportation law. Plus, the lawyer can help their client determine the best course of action to defend against deportation.
How the Deportation Process Works
A Duluth deportation defense attorney takes the guesswork out of the legal system. The lawyer can explain the deportation process, which consists of steps:
Arrest
The U.S. government can arrest someone if it believes this individual has illegally entered the country. Both local police and U.S. Border Patrol agents can make such arrests. Following an arrest, an individual can be transferred into the custody of U.S. Immigration and Customs Enforcement (ICE) officials.
Immediate Removal
People who illegally entered the United States or let their visa lapse can be ordered to immediately leave the nation. An expedited deportation request cannot be appealed by a judge. This type of removal is only implemented if an individual is arrested within 100 miles of the U.S. border or has been in the country for two weeks or less.
Notice to Appear Before a Judge
The notice to appear stage kicks off the traditional deportation process. In removal proceedings, an individual is given at least 10 days’ notice before being required to appear in front of a judge. The notice indicates why the U.S. government is requesting a hearing with a judge to determine if the individual should be deported.
Detainment
ICE officials can detain someone as they try to deport this individual. They can do so if an individual is deemed to be a security and safety risk. If ICE detains someone, it holds this individual in a detention center or prison until a decision is made regarding deportation.
Voluntary Departure
An individual may choose to leave the United States on their own rather than be deported. If this occurs, the U.S. government may grant an individual an opportunity to voluntarily exit the country. The government also gives the individual a timeline for their voluntary departure.
Bond Hearing
A U.S. Department of Justice judge can request a bond hearing. The judge can determine if a bond will be granted and set a dollar amount for it. If a bond is granted and paid, an individual must continue to appear for all hearings relating to the deportation case.
Along with these steps, a master deportation case calendar and merits hearings can be held. There can be appeals submitted as part of a case, too. By partnering with a deportation defense lawyer, an individual can get insights into the entire legal process and plan accordingly.
What to Expect from a Deportation Defense Lawyer
A deportation defense attorney in Duluth does not settle for inferior results. Instead, the attorney works in lockstep with the client. This allows the lawyer to learn about their client’s case and provide the best possible legal support.
There are many defense strategies that a deportation defense lawyer may consider. These include:
Submitting an Adjustment of Status Application
An individual may apply for an adjustment of status to get their green card. To do so, the individual must submit their adjustment of status application with a family member. There can also be instances in which an individual’s adjustment of status is approved based on their employment within the United States.
Asylum
People may face deportation, despite the fact that they may be persecuted if they return to their home country. These individuals may qualify for asylum. To receive asylum, people must be able to show that the harm they suffer if they return to their home country meets various criteria.
Motions to Terminate
In a deportation case, the U.S. government may submit a notice to appear that is inaccurate. In this scenario, an individual can file a motion to terminate. This individual can also request that the court terminate their deportation proceedings.
A Duluth deportation defense attorney takes every case seriously. The lawyer asks their client questions and finds out why this individual is facing deportation. Next, the attorney and their client explore ways to argue the case and get any deportation charges dismissed.
Partner With a Best-in-Class Duluth Deportation Defense Attorney Today
Choose a Duluth deportation defense lawyer with comprehensive experience. This attorney likely has helped dozens of clients handle deportation cases. The lawyer may have received many positive reviews from these clients as well.
Barrios Virgüez makes it simple to get in touch with a top-notch deportation defense attorney. We can review the facts surrounding your deportation case and help you determine how to move forward. For more information or to request a consultation, please contact us online or call us today.
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