US immigration laws are complicated. This is why we suggest all immigrants to hire an attorney to deal with any problem. It is necessary to hire an immigration lawyer for even the simplest of processes as even a modest mistake in the green card or visa application can turn out to be costly. There have been many cases where immigrants have suffered long delays, denials, and straight away deportation just for a small mistake.
An immigration lawyer also specializes in deportation cases. Florida experiences extensive deportation litigation cases. Many people wrongly assume that a judge plays a major role in a deportation process and being called for a deportation hearing is the end of the world. But that is not the case. A Kissimmee deportation lawyer can help you out throughout the process and ensure that your case is dealt with properly.
This article will rightly guide you on why you need a Kissimmee deportation lawyer and how they can turn things in your favor.
How Do You End Up with a Deportation Proceeding?
It all begins when you receive a dreadful ‘Notice to Appear’ in your mailbox. That is when you know the deportation matter is serious and you need to hire a deportation lawyer. But how did you get here?
There are many reasons why you may have received that letter. The following are some of the circumstances that may have taken place.
Criminal Violations or Fraud
The department of Immigrations and Customs Enforcement (ICE), also referred to as the immigration police, initiate deportation proceedings against immigrants who are involved in immigration violations, fraud, or any sort of misdemeanor convictions. They may also send this notice if immigrants conditional green cards or visas have expired. The ICE will conduct an investigation on the immigrant’s status if they happen to have an encounter with them.
Usually, when an immigrant is caught in fraud or violation, jail authorities have an obligation to call ICE to make a report of the arrested person’s status. This is when the ICE learns of their status and starts investigating them. Even if the person is not convicted of the crime, they are still detained and a deportation proceeding initiates against them.
Illegal Entry to the US
The department of Customs and Border Protection (CBP) may initiate deportation proceedings against those who are inadmissible in the US or who try to enter the country unlawfully. There may be several reasons why a person may be inadmissible, such as an invalid visa or a reasonable reason for suspicion. No matter what the reason is, once the CBP stops the person, they check their legal status and may find the need to initiate deportation proceedings.
If the CBP denies entry into the US, the person is asked to file an application for admission. Until the application is processed and deportation proceedings begin, the applicant is detained until they are assigned a deportation lawyer and brought before an immigration judge.
Immigration Benefit Application
The United States Citizenship and Immigration Services (USCIS) may initiate a deportation case against a person after they have filed an immigration benefit application, but the USCIS determines whether the person themselves is inadmissible or unlawful.
Secondly, this type of situation may occur when a person applies against their conditional resident status, which is denied. The case goes before an immigration judge and a deportation hearing begins, for which the resident needs a deportation lawyer to gain the resident status.
Thirdly, a person may have to attend a deportation hearing if they have filed the wrong application or engaged in some fraudulent activity related to their residential status.
Regardless of the legal status of a person, a criminal record can lead to deportation proceedings. Criminal convictions lead to many issues when it comes to travelling, filing a citizenship application, renewing residential status or green card, or adjusting the immigration status.
There are certain categories of crimes, known as deportable crimes, which lead to deportation or initiation of a deportation hearing. These crimes include drug offenses, aggravated felonies, firearms offenses, domestic violence offenses, etc. Even citizens and green card holders involved in these crimes will find themselves with a deportation notice.
Immigrants who have a past criminal record must consult an immigration lawyer before filing their application.
Why Hire a Professional Kissimmee Deportation Lawyer?
Regardless of the type of situation you have been caught in, the most important thing is to get help as soon as possible. Never think it’s too late or there is no hope left. A good Kissimmee deportation lawyer ensures that you don’t lose the opportunity to present your case or wait too long to make matters worse. They know how to take prompt action and where to start from. With a deportation lawyer on your side from the very beginning, you feel will safe and your chances of being deported will reduce. The following are the reasons why you need to hire a professional Kissimmee deportation lawyer.
- They Are Experts
The first and foremost reason to hire a professional Kissimmee deportation lawyer is that they have the expertise and knowledge. No matter how big or small your case is, the chances are that you don’t even know what half the terms or accusations mean. A deportation lawyer is an expert and knows how to deal with the situation, whether it’s about turning the decision in your favor or ensuring your rights are protected throughout the process. They know where to start from. If you think you can handle a judge or the process yourself, you are mistaken. A deportation hearing process is extremely nerve-racking.
2.) They Know About the Changing Laws
No matter how simple the case is, if you are not aware of the law, you cannot help yourself through the process. The safest bet is to hire a deportation lawyer who knows what they are doing and will prevent you from falling in the complex law trap.
3.) They Help with Legalities
The role of a lawyer is to help you interpret laws, be aware of your own rights, assess the possibilities and strategies, guide you through the trials, and help you deal with all types of formalities. Whether the case is in your favor or not, a deportation lawyer tries their best to work out all possibilities and prepare you for the worst circumstances. They become a bridge between you and the system and ensure that you are not treated unfairly. A lawyer also helps you prepare for the trial and ensure that your statements are clear, consistent, and correct.
4.) They Help with Documents
All immigration and deportation hearings require a lot of paperwork. Even if the case is in your favor, a small mistake in the documentation process may turn the tables for you. A deportation lawyer ensures that you are filling out the forms with the correct information.
More importantly, a professional Kissimmee deportation lawyer knows what to expect from the US government in such cases and thus, they ensure that you don’t say or write anything that goes against you.
5) They Speed Up the Process
Once you receive a deportation notice hearing, you may be detained for as long as the trial lasts. A deportation lawyer helps in speeding up the process by quickly gathering documents, submitting them, and avoiding technical errors that could come in the way. Since they also understand the government system, they minimize or avoid elements that could cause delays or create more issues.
Many deportation hearing cases are delayed due to legal technicalities. A professional deportation lawyer does everything to correct or avoid them altogether. This is why it’s important to hire a deportation lawyer since the very beginning.
6.) They Know How to Defend You
The most important reason why you need a professional Kissimmee deportation lawyer is that they defend your rights and interests. With the whole system standing against you, you need someone with experience and skill to help you out. A deportation lawyer fights for you till the very end and deals with all the questions bravely. They are also well aware of the tactics that will be used against you. However, they fight your case even if you have a criminal record and make sure you are treated fairly.
A professional Kissimmee deportation lawyer also guides you through all your defense options and tells you which of the following are the best suited for your case.
Cancellation of Removal
A cancellation of removal is available as a defense for certain people. Both permanent and non-permanent residents can qualify for it. The criteria may include the residence time period, community and family ties, community service, etc.
Permanent residents may qualify for a cancellation of removal if:
- They have been a permanent resident for 5 or more years
- They have been living continuously for more than 7 years
- They have been wrongly accused of the crime
Non-permanent resident may qualify for a cancellation if:
- They have been continuously living in the US for 10 years, from the date and time of entry
- They demonstrate a good or reasonable moral character
- They can prove that their deportation will create unusual, exceptional, and extreme hardships to a family member who is a lawful citizen
- They are not convicted for a deportable crime
Waiver of Inadmissibility
A waiver of inadmissibility may be an option for non-permanent residents facing deportation charges if:
- They are married to a US citizen
- The deportation will lead to unexpected and extreme hardship to a family member who is a US citizen
- Their only violation is unlawful presence and no criminal charges
For permanent residents, the criteria are as follows:
- Their guilty plea or conviction took place before April 1, 1997
- They have been a permanent resident lawfully for more than 5 years
- They are not charged under acts of terrorism and national security concerns
- They are not charged for deportable crimes
- They are not in the US unlawfully from their previous immigration applications
Seeking an asylum is a defense option for those who prove that returning to their home country could put their lives in danger. People who are already in the US and fear persecutions if they go back to their home country are eligible to apply for asylum.
An asylum gives protection to such people and allows them to stay in the US lawfully. The applicants must provide relevant and reasonable proof that their life is in danger or they will be persecuted by the home country government.
Voluntary departure is for those people whose cases are not strong and have no relief from removal. The best option is to request for a voluntary departure as this will have fewer consequences than an actual order of removal. In a voluntary departure condition, there is no order of removal. Since your record won’t have an order of removal, you can also apply for re-entry to the US after a specified number of years. A professional deportation lawyer guides you through the process if you need to go through this option.
If all else fails, you can file an appeal before the Board of Immigration Appeals within 30 days of the judge’s decision.
A Kissimmee deportation lawyer guides you throughout the process and has your best interests at heart. Hence, you should always opt for one.
Call us at 407-910-4770 or email us at [email protected] for any immigration needs you may have.