what lawyer handles deportation hearing

by Whitney Kulas 6 min read

Full Answer

Do I need an attorney for a deportation hearing?

An attorney will, before the removal hearing, spend the time to discover whether the DHS charges against you are correct and whether any particular circumstances in your life would warrant defending against your deportation.

Can a deportation attorney get rid of my anxiety?

Although your deportation attorney cannot get rid of their anxiety, he can reduce their fears about the immigration court process. Immigration law is a maze within a maze. Your deportation case may look simple. Most are not. And the tougher your case, the more you need the help of an immigration trial attorney.

What is an evidentiary hearing for deportation?

At the evidentiary hearing, also called an "individual calendar hearing" or "merits hearing," a federal immigration judge hears the evidence against you and your defenses. This is the hearing that determines whether you'll be deported, though not necessarily on the first day.

How do deportation proceedings work?

In some cases, deportation proceedings begin with the non-citizen's arrest by U.S. immigration authorities. In other cases, they're simply the next procedural step after the person has applied for an immigration benefit, such as a green card or asylum, and been denied.

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How do you fight a deportation order?

You can do one of two things: 1). Apply in the court that issued the order of deportation, for the court to vacate or cancel the order of deportation; or 2). Apply with the Immigration Service to waive or cancel your former order of deportation.

Who can overturn a deportation order?

The Board of Immigration Appeals is a court that reviews immigration judge decisions. If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal.

What can stop a deportation?

Cancellation of Removal you must have been physically present in the U.S. for 10 years; you must have good moral character during that time. you must show "exceptional and extremely unusual" hardship to your U.S. citizen or lawful permanent resident spouse, parent or child if you were to be deported.

Can an order of deportation be reversed?

If you were ordered removed (or deported) from the U.S., you cannot simply turn around and come back. By the legal terms of your removal, you will be expected to remain outside of the country for a set number of years: usually either five, ten, or 20.

Can marrying a U.S. citizen stop deportation?

Getting married does not stop deportation. You must prove your marriage to USCIS and then adjust your status with the Immigration Judge. If your adjustment of status is granted you become a permanent resident and your deportation proceedings are over at the time the Judge grants your case.

How long is a deportation order valid for?

A deportation order may be valid for five, ten, or 20 years. Typically, the validity of an order depends on the situation: 5-year Ban -- removed upon arrival at a port of entry because individual was found to be inadmissible or failure to appear at removal hearing.

What is the most common reason for deportation?

Deportation for Crime Violations One of the most common reasons for deportation is a criminal conviction. While not all crimes are grounds for deportation, those relating to violence, drugs, firearm offenses, human trafficking, and the smuggling of illegal aliens into the United States may cause someone to be removed.

Can you petition someone who was deported?

Using Form I-212 to Request Reentry Following Removal By filing Form I-212 with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents and a fee, an alien can ask the U.S. government for permission to apply for entry before the required waiting time is complete.

What happens if you get deported and come back?

If you have been deported from the United States, and you return--or even attempt to return to the U.S.--without permission to do so, you can be arrested for Illegal Re-Entry After Deportation, 8 U.S.C. Section 1326.

How do you write a letter to a judge for deportation?

Begin the letter by introducing yourself by your full name. Tell the judge your age and family relation to the detainee. If you are a legal resident, tell the judge your immigration status. Explain to the judge how your family would be torn apart if your family member were to be deported.

Who qualifies for cancellation of removal?

To be eligible for cancellation of removal, a permanent resident must show that they: has been a lawful permanent resident for at least five years, has continuously resided in the United States for at least seven years, and. has not been convicted of an aggravated felony.

What happens if you get a deportation letter?

If you've moved or you ignore a "Bag and Baggage" letter from Immigration and Customs Enforcement (ICE), then this agency will refer your file to the fugitive unit. This is the ICE police force that tracks people down and arrests them. ICE agents could arrest you at your home, place of work, or school, at any time.

What happens if an illegal alien is found to be legalized?

Once an illegal alien has been found qualified for legalization or “ amnesty ” by the USCIS, the deportation hearing will typically be closed since the alien will have attained the legal right to remain in the United States.

Can a person who is inadmissible on certain criminal grounds be waived?

Similarly, a person who is inadmissible on certain criminal grounds may be eligible for a waiver under §212 (h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parent (s), son (s) or daughter (s).

How do I find a good deportation lawyer?

Not every deportation defense lawyer is one and the same. To find a good deportation defense lawyer, it’s always best to start by doing your research. Before you commit to a deportation lawyer, take time to learn about their history, cases they’ve represented, years of experience, and online testimonials and reviews.

How does a consumer law group help you fight deportation?

With a Consumer Law Group deportation attorney working by your side, they can help you fight your deportation by providing you with the information and resources you need to win your case.

What happens if you are found to have broken immigration laws?

If you are found by the court to have broken any immigration laws, you will be ordered to be deported (removed) and will have the opportunity to apply for relief from removal.

What factors affect the cost of a deportation lawyer?

This is because there are several factors that affect the price of hiring a deportation lawyer. Some factors include: Other factors that may be considered when calculating child support payments include: Experience: Generally, the more experienced the lawyer, the higher the cost.

Why do people get deported?

However, one of the most prominent reasons is criminal activity. If you’re a foreign national convicted of a crime, such as drugs, firearm offenses, smuggling of illegal aliens, violence, or human trafficking, chances of being deported can be pretty high.

Can you be deported for marriage fraud?

In most cases, if you committed marriage fraud where you married a U.S. citizen just to gain residency, you can be deported. However, if you’re in a committed marriage, you can delay and even stop your deportation by obtaining a green card based on marriage.

Is immigration law complex?

Immigration law can be extremely complex, especially when laws are constantly changing. At Consumer Law Group, our deportation lawyers are well versed in immigration law and can help you navigate this scary and overwhelming situation.

What Are The Causes Of Deportation?

You entered the United States legally with a visa, but decided not to leave.

Deportation Can Have A Disastrous Impact On You And Your Loved Ones

If the government has served a Notice To Appear and filed removal charges against you, you probably feel worried and confused. You do not know what will happen to you.

Fighting Deportation Is Difficult

Your case will be sent to the Immigration Court to begin removal proceedings. The judge will give you the chance to show why you should not be deported.

You Usually Get Just One Chance

The government will deport 300,000 immigrants – or more – in the next twelve months. You do not have to be one of them – if you can put together a strong defense.

But A Strong Defense Against Deportation Is Possible And Can Be Successful

Choosing the right immigration trial lawyer to help you stop deportation is crucial.

Your Defense – Our Commitment

For over 20 years, the Law Offices of Carlos Batara have helped immigrants fight deportation and win permanent residence. We specialize in handling complicated cases.

What happens if you don't appear at your immigration hearing?

When you did not appear at your hearing, the immigration judge most likely issued what is known as an “in absentia” (while absent) removal order. You can file a motion to get this removal order reopened, and receive a new hearing date, if you can prove to the immigration judge you did not receive notice of the hearing that you missed.

What happens if you miss a hearing?

If you missed your hearing because you were scared to attend or did not feel like attending, you will not have a good argument to have your case reopened to ask for a new hearing date.

How long do you have to appeal an immigration decision?

If the immigration judge rules against you, you don't have to leave the U.S. immediately. You have 30 days to file an appeal with the Bureau of Immigration Appeals (B.I.A.). And if that decision also goes against you, you may be able to appeal it to the (federal) U.S. Court of Appeals.

How long does it take to reopen a case if you missed a hearing?

If you knew about your hearing date but did not attend because of exceptional circumstances you must file a motion to have your case reopened within 180 days of your missed hearing. You will also be required to pay a $110 fee with this motion.

Deportation hearing in Los Angeles Immigration Court?

If you receive a Notice to Appear in immigration court, the Department of Homeland Security has begun the process of trying to remove, or deport, you from the United States. When you receive this letter, contact an experienced deportation lawyer to defend you as soon as possible.

What to Expect in Immigration Court

The Los Angeles Immigration Court is located at 606 S. Olive Street #1500 in Los Angeles, California. If you receive a Notice to Appear in immigration court in Los Angeles, this is where you need to go.

Work with a Los Angeles Deportation Attorney

If you are living in Los Angeles and you find yourself in immigration court or facing deportation, contact experienced attorney Joshua L. Goldstein of The Goldstein Immigration Lawyers today to schedule a consultation with our firm. Being deported can have a serious impact on your life and the lives of your loved ones.

What do immigration judges do?

Immigration judges are under pressure to complete cases as fast as possible. They take a quick look at applications, searching for errors and omissions. They presume documents filed by the goverment are inherently reliable. Instead of hearing from all witnesses, many prefer written statements instead of actual testimony.

What is the role of a trial lawyer?

Your attorney’s role is to present your evidence and the merits of your case in full. 3.

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Cancellation of Removal For Non-LPRs

Cancellation of Removal For Green Card Holders

Waivers

  • Our deportation lawyers have obtained waivers of removal for many of our clients A common ground of removability provides that an person may be subject to removal if he was inadmissible when he entered the U.S. There are many grounds of removability found in the law. Eligibility for waivers of removal depend upon a person’s ability to establish hardship to his close family mem…
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Suspension of Deportation

  • Any expulsion proceedings commenced on or after April 1, 1997 are removal proceedings rather than deportation or exclusion proceedings. However, persons who were placed in deportation proceedings prior to April 1, 1997 as well as NACARA applicants may still be eligible for suspension of deportation. A deportable alien may apply for permanent residencethrough suspe…
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Adjustment of Status

  • Our deportation lawyers have successfully applied for adjustment of status for many of our clients thereby saving them from being deported. A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status (using Form I-485) to that of a lawful permanent resident. Also qualifie...
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Legalization and Registry

  • Once an illegal alien has been found qualified for legalization or “amnesty” by the USCIS, the deportation hearing will typically be closed since the alien will have attained the legal right to remain in the United States. Registry is another means of attaining lawful permanent residence in the United States. It is available to persons who have resided continuously in the U.S. since prio…
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Voluntary Departure

  • Finally, if there is no other relief from deportation, most persons are eligible for, and should apply for, voluntary departure from the United States. This avoids both the stigma and the legal impediments to return to the United States imposed by deportation. Voluntary departure is available to persons who are not deportable on aggravated grounds, who have the means to pa…
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