A Florida Deportation Attorney For Deportation Defense
Deportation is a formal legal process through which a foreign national is removed from the United States for a violation of immigration law. The possibility of being deported can be a scary prospect for anyone. It is essential to have a Florida deportation lawyer who knows how to advocate for asylum and the ability to stay in the United States when it happens. Experienced counsel can help immensely as the deportation process can be daunting for those unfamiliar with how it works.
Who Can Be Helped By A Florida Deportation Attorney
Our firm provides counsel to foreign visitors and immigrants facing potential deportation or removal in immigration courts throughout the United States.
Reasons for Deportation
There are various grounds that may be used to seek the deportation of a foreign national. Some of the most common include:
- Violations of Immigration Law: This is a broad category and can include a variety of offenses from documentation fraud, marriage fraud, and entering the United States illegally. Many foreign nationals are charged with these offenses after first being charged with another crime.
- Criminal Conviction: If a foreign national has received a conviction for a crime, such as possession of illegal drugs or firearms, they may be deported.
- Overstaying a Visa: Staying longer than allowed under the terms of a visa can lead to deportation. Typically, proceedings begin if the visa expired more than 180 days prior.
- Status Violation: There are terms and conditions a foreign national must abide by according to the terms of their immigration status. Failure to do so can result in deportation.
- Prohibited Employment Activity: Engaging in prohibited employment can result in deportation.
- Illegal Entry/ Re-Entry: Entering the United States illegally or re-entering the United States illegally after deportation can result in deportation.
How the Deportation Process Works
The United States can deport foreign nationals that take part in criminal activities, violate their visa, or are considered a threat to public safety. In most cases, the process begins with an arrest for one of these reasons. After arrest, the foreign national is typically transferred to United States Immigration and Customs (ICE). ICE then decides whether or not they will pursue deportation, or removal, proceedings.
There is an expedited process for removing foreign nationals that are found to have forged documentation, no documentation, or have overstayed their visa. In addition, the process eliminates the requirement to appear in a hearing in immigration court before deportation.
Traditional Deportation Process
If the foreign national is not subject to expedited removal, the traditional process for removal begins. The foreign national is given a Notice to Appear, which states why the government feels they should be deported with a court date at least ten days in the future. If a person receives this Notice to Appear and does not yet have an attorney, it is in their best interest to seek counsel from a Florida deportation lawyer. The foreign national may be detained, or they may be released on bond.
The initial hearing is conducted expeditiously. The foreign national is allowed to admit or deny each of the charges listed against them, or they may request a continuance. Then, the immigration judge decides the date of the next hearing, which will be on the merits.
Hearing On the Merits
A hearing on the merits is where a foreign national presents their evidence for being able to remain in the United States. An ICE attorney represents the national government, and it is in the best interest of the foreign national to have a Florida deportation attorney present to represent them at the hearing.
The judge may issue his decision on whether or not the foreign national will be deported on the day of the merits hearing or mail the court’s decision to them. The foreign national may stay with family until they receive the written decision. It is important to note that decisions may be appealed.
Speak With A Knowledgeable Florida Deportation Lawyer
If you or a loved one faces deportation, do not take your chances by being unrepresented in immigration court. Your ability to remain in the United States depends on the success of your hearings. Contact Florida deportation attorney Eddy Chielo at Chielo Law, PLLC by calling 321-356-6064 or via the firm contact page.