Deportation Defense Lawyers in Miami
Updated on Thursday 16th March 2017
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Deportation from the U.S. is defined as the act and process of officially taking out of the American territory the foreign citizens living here and returning them to their countries where they originate from. Deportation is a legal action which can be enforced by any country in the world, in the situation in which an immigrant enters the respective state under unlawful conditions.
Deportation in Miami, U.S.
There are different motivations why a foreign citizen is deported by the U.S. immigration authorities. One of the most common causes is because the immigrant simply does not have the right to be in the U.S., because he or she has crossed the border illegally or lived in the country after the departure date stated on his or her visa. Our Miami immigration attorney can provide an in-depth presentation on the main deportation reasons.
More details on the deportation procedure in Miami are available in the presentation below:
The deportation procedures in Miami, U.S., are handled by the United States Citizenship and Immigration Services (USCIS) and Customs Enforcement. The procedure is usually a simple one, managed by a local court in the USA and it must follow the regulations stated by the Immigration and Nationality Act.
Nevertheless, even persons who have a temporary or permanent right to live in the U.S. with a valid visa or a green card could be deported in certain conditions. Below, foreigners can find out some of the most frequent reasons of deportation.
Disrespecting the Terms of the Visa or Maintain One’s Status
Foreigners who live in the U.S. under a non-immigrant visa (which is most likely) have to follow different conditions. For example, if the immigrant came to the U.S. with a tourist visa, he or she cannot work in this country. If the condition is not respected, the immigrant can be deported.
Not Announcing the USCIS That You Changed Address in the US
Another reason which can lead to deportation relates to the fact that the foreigner lives in the U.S. and he or she did not let the USCIS know the current living address. The foreigner residing as an immigrant in Miami, U.S., must notify USCIS on the new address in a period of ten day. If not, this is considered a crime and the immigrant could be deported. Our deportation defense lawyers in Miami can give you more information on this matter.
Committing a Crime
In certain cases, committing a crime can lead to an immigrant’s deportation from the U.S. Such crimes could be alien smuggling, document, domestic aggression, fraud, delinquencies of “moral turpitude”, drugs or controlled substances offenses, money laundering, sabotage, terrorism and serious crimes as murder, rape and other “aggravated felonies”. Our immigration attorneys in Miami can offer more details on this matter.
Violation of Immigration Laws in US
A person who breaks the immigration laws, for example by having a fraudulent marriage, or helping smuggle other aliens into the country, could be deported.
Beginning the Deportation Process in US
The deportation process normally starts with the DHS (Department of Homeland Security) issuing a Notice to Appear (NTA) to the non-citizen. This document attests the name of the person, the country of origin, and informs the non-citizen he or she has to come in front of an Immigration Judge (IJ) on an exact date, as well as other information such as:
• the reason the non-citizen is ordered to appear;
• the alleged crimes he/she might have committed;
• the non-citizen’s right to have a deportation defense lawyer in Miami;
• the consequences resulted from not appearing in front of the IJ (including the fact that the order of deportation might be issued in his or her absence, which would ban his or her chances of taking advantage of U.S. immigration benefits for the following minimum ten years).
Our immigration lawyers in Miami can assist foreigners in the above mentioned situations.
It is important to know that the immigration judge has the right of deciding whether the immigrant will be deported following the reasons described in the Notice to Appear. At the same time, the immigrant can receive the right to obtain a relief from removal. In this situation, the judge will appoint a new hearing, in which the immigrant will be able to avoid being deported from Miami, U.S.
In this case, the immigrant in Miami will be able to obtain a relief from removal under the following reasons:
• cancellation of removal;
• asylum seeking;
• adjustment of status;
• voluntary departure;
• judicial appeal;
• administrative appeal.
Please note that deportation can also be enforced when an immigrant in Miami applied for permanent residency in this country, but the application procedure was incorrect.
Persons who are confronted with deportation because of any of these reasons or any other ones, are invited to address to our deportation defense lawyers in Miami.