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Deportation Defense • Priale & Racine PLLC

Deportation Defense

Immigrating to the United States is a lifelong dream for many people around the world. Each year, however, this dream is endangered for thousands of them through a process of deportation. The National Immigration Law divides deportation matters into two categories: inadmissibility and expulsion procedures. Deportation based on inadmissibility prohibits a person from entering the United States while expulsion forces individuals already in the US, legally or illegally, to leave the country.

There are five major categories of reasons for expulsion:

  • Entry to the country without proper authorization, as with a valid visa.
  • Violations of status “that occur when an immigrant violates the conditions of his admission or works illegally in the United States.”
  • Persons with criminal records or membership of certain prohibited organizations.
  • An individual asylum application has been denied
  • A foreigner who becomes a public charge within five years of entering the United States. The determination to constitute a public charge applies to immigrants who depend on the public benefits that provide cash, such as Temporary Assistance for Needy Families, or Supplemental Security Income for subsistence.

The deportation procedure

In a typical deportation proceeding, the foreigner in question is arrested and detained by the United States Immigration and Customs Enforcement (USICE). Shortly thereafter, the individual will receive a “Notice to Appear,” which explains why the alien is not allowed to remain in the United States. A USICE official then determines the eligibility of the ties and may postpone the deportation hearings. Once the decision has been made and after the deportation hearing, an appeal of the judge’s decision to the Immigration Appeals Board can be filed within 30 days of the decision. It is important to note that the Immigration Appeals Chamber makes its ruling on appeals based solely on the printed record of the previous proceeding, The decision of the immigration judge and the legal writings of the lawyer. The immigrant in question is not authorized to testify during the appeals process.

Our experienced advocacy team understands the fear and uncertainty you feel when you or a loved one receives a notice of appearance at a deportation or expulsion hearing. Our company can assist you with all aspects of the deportation hearing process, including preparing for hearings and writing the necessary documents. In all cases, our immigration law firm will take the time to determine if there is a basis for deportation. If our immigration lawyers find that there is insufficient evidence to justify the expulsion, they will move quickly to end the procedure. If there is reasonable evidence it will suggest that the deportation is in order, But will help you explore other strategies to avoid deportation, such as obtaining political asylum, or assist you in achieving a permanent residency status, cancellation of deportation or obtaining an exemption or pardon under the National Law Of Immigration. If there is no way of relief, it can help us in negotiations that will allow you to leave the country voluntarily and not under a deportation order, this action can minimize the consequences of the deportation in the long term so that it has the opportunity to re-enter In the United States in the future.

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  • © 2017 Priale & Racine, PLLC

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