Moultrie Deportation Defense Lawyer
Facing deportation is not a fun experience. However, even without full citizenship status, you have specific rights under the law. One of those rights is to mount a defense to the deportation proceeding. Before the government can deport you, it must convince the court that it has legal grounds to do so. The Moultrie deportation defense lawyers at Shirazi Law have helped many clients fight deportation. In this article, we’ll discuss how that’s done.
Grounds for Deportation Under U.S. Law
Unless you have full citizenship status, you can be removed from the United States or deported. The grounds for deportation fall into different categories. For obvious reasons, any false information provided on your immigration application will be grounds for immediate deportation. Further, those with green cards must keep up their status to remain in the U.S. legally.
Secondly, affiliation with known terrorist organizations, drug cartels, or other criminal organizations will likely result in a deportation hearing if that information was withheld on your application. Political crimes like engaging in terrorist activities, activities that endanger public or national security, or other activities may be grounds for deportation.
Crimes that can be used to deport a legal resident include:
- Crimes of moral turpitude including prostitution and drug crimes
- Aggravated violent felonies including murder, rape, and battery, sexual abuse of a minor, drug trafficking or money laundering
- Domestic violence
- Theft or burglary
- Fraud or tax evasion
- Human trafficking
- Alien smuggling
- Weapons violations
If you are charged with any of these crimes, you may face deportation as a green card holder. Shirazi Immigration Law can defend you from the charges and stall or prevent the deportation.
Deportation and removal relief
Unless you have waived your right to a fair hearing, you are likely entitled to fight the deportation in front of a judge. In some cases, the government may prove its case, but you can petition the court for relief from deportation under certain circumstances. Generally, deportation defenses fall into two categories. Those are: Defending you from the charges you are facing and asking the court to not deport you based on a special consideration that may apply to your case.
While not all deportation defenses will be successful, a skilled Georgia deportation defense lawyer increases your chances of successfully fighting the deportation.
The deportation process
The Department of Homeland Security initiates deportation proceedings against a foreign-born individual who has violated the terms of their green card. You will be entitled to a hearing unless you waive that right. In other cases, an individual may be subject to expedited deportation, in which case, other procedures may apply. Foreign nationals are generally detained while their removal proceeding is moving forward. Some, however, may be eligible to be realized on parole or bond.
To begin deportation proceedings, the government issues an NTA (notice to appear) with the immigration court. The NTA will contain allegations against the individual which prove the grounds for deportation. Foreign nationals facing deportation are entitled to counsel so long as they can pay for it themselves. They will be allowed to present evidence, testimony, and witnesses in their own defense.
If the court orders the deportation, the foreign national still has a right to appeal the decision with the Board of Immigration Appeals (BIA). Once deported, the foreign national will not be allowed back in the United States for a specific number of years. After that, they may be able to apply again.
Bond and parole requests
Generally, those who are issued NTAs related to their immigration status are held in custody while their situation is sorted out. However, you may also be able to apply for a bond that allows you to be realized back with your family and friends until the matter is settled. However, those facing specific criminal allegations will not be eligible for bond.
Bond is usually set at $1,500. An individual requesting bond will need to convince the court that they are not a threat to society and/or a flight risk. Factors that can improve your chances of getting bond include:
- Ties to the community including local family ties
- Prior arrests and convictions
- Gainful employment status
- Membership in community organizations
- Participation in politically subversive activities
- Participation in morally depraved acts
- Property owned in the United States
- Previous immigration offenses
- The quality of your defense to the charges
Generally, DHS determines whether or not a bond will be issued. The immigrant can appeal this decision, but it will not forestall their deportation hearing. If circumstances change considerably during the deportation hearing, the immigrant may ask for reconsideration of the bond. This generally happens when DHS fails to meet its burden of proof during the hearing.
Those who are ineligible for a bond hearing may request parole. Decisions for parole are based on the same standards applied to bond hearings.
Talk to a Moultrie, GA Deportation Defense Lawyer Today
If you are facing deportation in the Georgia area, your chances of remaining in the U.S. legally are greatly improved with quality immigration defense representation. Call Shirazi Immigration Law, Inc today to schedule an appointment and we can discuss your options immediately