There are many reasons why someone in the country on a visa can end up being deported. For instance, staying in the country after being denied immigration status can result in removal. Not all immigration lawyers can provide deportation defense. The immigration lawyer at The Law Offices of C. Payne can help you with any family immigration issue, including deportation proceedings. Our legal team will provide you with the best deportation defense possible to help you remain in the country.
What is a Deportation Defense Lawyer?
Immigrants facing removal from the United States need legal counsel to represent them in their removal proceeding. Many immigrants who are being considered for removal from the country must appear before one of the 200 federal immigration judges in one of the nation’s 50 immigration courts.
A removal defense lawyer upholds your legal rights. We will fight to keep you in the country. Although the immigration court system includes administrative courts run by the U.S. Department of Justice, it serves as an impartial arbiter of immigration issues.
The government’s legal representatives will pose arguments as to why an immigrant should be deported (removed) from the country. You should therefore have an experienced deportation defense attorney on your side to counter these allegations.
In general, before being deported, every immigrant who is not held at the border or at a port of entry is entitled to a hearing before an immigration judge. You must therefore be aware of your immigration background. Our immigration attorney will discuss this with you as our legal team builds your case.
Immigration Court for Deportation
The legal process by which the American government tries to remove (previously known as “deport”) people from the country begins in immigration court. Relief from deportation or removal allows an alien to remain in the U.S. Removal relief is the process of applying for a stay of removal or being granted an automatic stay of removal.
The Types of Relief Available from Deportation / Removal
If you are in danger of being deported, please know that judges have several types of discretionary relief and administrative and judicial relief that can be granted with the help of an immigration lawyer.
Discretionary relief options include:
- Voluntary Departure
- Cancellation of Removal
- Asylum
- Adjustment of Status
There are also multiple types of administrative and judicial relief, including:
- Motions to Reopen or Reconsider
- Stay of Removal
- Administrative Appeal
- Judicial Review
Cancellation of Removal
Cancellation of removal involves permanent residents and non-permanent residents applying to an immigration judge to adjust their status from deportable alien to lawfully admitted permanent resident. When determining whether cancellation is warranted, the judge considers factors including but not limited to the length of the individual’s residence in the United States, their family and community ties in the United States, and community service.
To be eligible for cancellation of removal, a permanent resident must show that they:
- have been a lawful permanent resident for at least five years
- have continuously resided in the United States for at least seven years and
- have not been convicted of an aggravated felony
To be eligible for cancellation of removal, non-permanent residents must establish that they:
- have been physically present in the United States for a continuous period of 10 years
- have been of good moral character during the 10-year period
- have not been convicted of select criminal offenses and
- that removal would result in exceptional and extremely unusual hardship to U.S. citizen or lawful permanent resident family members
What is the Difference Between Deportation and Removal?
Deportation and removal are identical actions. Removal, which includes inadmissibility and deportability, is the more current terminology for what was once referred to as deportation. People who want to enter the United States are subject to the INA 212(a) grounds of inadmissibility, and those who are already inside are subject to the grounds of deportability (INA Sec 237).
Legally, deportation is known as “removal,” and it happens when the federal government issues a directive ordering the removal of a noncitizen from the country. This may occur for a variety of reasons, including:
How Long Does the Deportation Process Take?
The deportation process can take years. A person who is detained can be placed on an expedited docket, but a person who is not detained will not be on an expedited docket. A removal order is typically granted in Georgia deportation cases that meet the requirements for expedited removal within two weeks. Immigration court proceedings in Georgia deportation cases that do not qualify for an accelerated process may last up to two to three years.
Contact the Georgia Deportation Attorney at The Law Offices of C. Payne
Immigration court proceedings involving detained individuals proceed more quickly so that the immigrant does not have to sit in custody for a long period of time if they are not eligible for bond or if their request for bond is turned down. Chanel Payne has represented clients in Immigration and Superior Courts throughout Georgia, successfully defending clients in deportation/removal trials. She has also appeared before United States Citizenship and Immigration Services and has completed countless waivers and guided her immigration clients as they pursue petitions through U.S. consulates around the world.