Deportation or “removal” from the United States can happen to visitors, persons who illegally enter, or lawful permanent residents who have lived in the United States for many years. Since the split of the Immigration and Naturalization Service into the United States Citizenship and Immigration Services (USCIS) and the United States Immigration and Customs Enforcement (USICE), there have been drastic changes in the way cases are brought about. The Government has put both of these agencies under the Department of Homeland Security (DHS). The DHS has implemented new ways to catch persons who are alleged to have violated immigration laws. The consequences of an allegation can be severe. The DHS does not always advise persons of their rights. Also, the people who have removal or exclusion cases are often already “lawful permanent residents.” Some of the people have lived in the United States legally for many years. It is not uncommon that lawful permanent residents (LPRs) do not realize that they can be removed from the United States for relatively minor criminal offenses that occurred in the past or that they can be excluded from the United States when attempting to re-enter after a vacation or tenure as a student.
Immigration bonds can be difficult to obtain. Understanding eligibility for bond is more complex than the average lawyer understands. The USICE will jail people without setting a bond. A bond hearing often has to be requested so that an individual can be released. In the rare case that a bond has already been set, it must often be lowered so that a family can afford to pay the bond. Because immigration bonds can cost a lot of money and the bail, many will find that bondsmen charge exorbitant and it is sometimes best to attempt to have a judge review the bond. Unlike the criminal system, bond hearings have no rights to a speedy trial or to a hearing before a legal authority. The sooner a bond is requested, the sooner a hearing can be scheduled and the individual released. Most of the time there is a two or three week delay before a hearing, making it essential to request a formal hearing as soon as possible to minimize disruption of normal life. Best results are rendered only with an experienced attorney guiding you through the process.
Sometimes, the process can be a very emotional ordeal to the family members as well as the deportee. We respond quickly and effectively and assist in every way possible in preventing the deportation. Our firm is capable of assisting clients in defending the charge that is causing the deportation. In Criminal Courts we seek to remove the conviction that serves as the basis for deportation through trial and dismissal tactics, adjusting the length of sentencing, appealing through the criminal appellate courts and preventing sentencing from causing severe deportation problems by requesting leniency on the rulings.
Federal Court action is sometimes necessary in order to obtain your rights from the INS and other U.S. agencies. If these agencies will not assist with correcting Visa mistakes, releasing aliens from custody, adjudicating a Visa or correcting civil rights violations, the government can be sued through the Federal Courts. Although this is an extreme measure, it may be necessary in some situations. In many cases, our firm has won what other lawyers deem “un-winnable cases.” We take on even the most severe of Deportation cases because we believe in justice and the system at large. An attorney is not only advisable but will prove to be the only real chance of a favorable decision and families reuniting.
Are you or someone you care about in removal proceedings, needing representation in one of the following defenses? Then call us today at 1 (800) 589-0139 to schedule a consultation!
- Bond, to be released from DHS/ICE custody
- Voluntary Departure
- Change of Venue
- Adjustment of Status
- Cancellation of Removal
- Waiver of Ground of Inadmissibility or Removability
- Asylum and/or Withholding of Removal
- Petition to Remove Conditions (I-751)
- Former section 212(c)
- Motion to Reopen
- Appeal to Board of Immigration Appeals
- Petition for Review to United States Court of Appeals