Deportation is every immigrant’s worst nightmare. When you or someone you love is facing deportation, it’s important to act wisely and quickly. The best thing you can do for your case is hire an experienced Albuquerque deportation attorney. At Hendricks Law, our deportation defense lawyers know exactly how to approach difficult deportation cases. We work hard find the best solution to your deportation case whether it is to pursue dismissal of the proceedings, cancellation of removal, adjustment of status, asylum, or other forms of legal relief.
What Is Deportation?
Deportation, also known as removal, is the process in which an individual is removed from a country and returned to their country of origin. This typically occurs after the individual has violated immigration laws or committed a crime.
A deportation order can be issued by the Department of Homeland Security or through a judge during immigration court proceedings. Before deportation, the individual may appear before an immigration judge and have the opportunity to present their case for why they should not be removed. However, ultimately it is up to the government to decide whether or not to deport someone. The individual may also chose to voluntarily leave the country to avoid longer re-entry bans.
Deportation can have significant consequences for the individual being removed, as it often results in loss of job, separation from family members, and barriers to reentering the country in the future. It is important to understand immigration laws and pursue legal pathways for staying in a country to avoid facing potential deportation.
Exclusion Vs. Deportation
Exclusion is what can be determined when a foreign individual is seeking entry into the United States. When you are attempting to get a green card, a visa, or even just cross the border, you could be excluded from consideration.
Once the United States has determined that you should be excluded from entry, you cannot attempt to re-enter the country for at least one year. It is a felony offense, if you do. You also must receive permission from the USCIS before re-entry.
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Reasons For Deportation
The U.S. government can force an individual to return to his or her home country for any of the following reasons:
1. Having a Criminal Record
One of the most common reasons for someone to be deported from the United States is having a criminal record. If an immigrant is convicted of a crime, they may be subject to deportation. The severity of the crime will determine whether or not the immigrant will be deported; typically, more serious crimes result in deportation such as narcotics related crimes, murder, trafficking of firearms, money laundering, or a violent crime that carries a sentence of five or more years in prison. Attempt or conspiracy to commit any of these crimes is also grounds for deportation.
2. Entering the U.S. Illegally
Entering a country without proper documentation or entry authorization can have serious consequences, including deportation. In some cases, individuals may be deported immediately upon attempting to cross the border without proper documentation. Other times, they may be able to enter and live in the country for a period of time before being discovered and deported.
It is important to remember that even individuals who entered the country illegally as children can still face deportation if they fail to comply with immigration laws and regulations. Seeking legal assistance and obtaining proper documentation is crucial in avoiding potential deportation.
3. Voting Illegally
Immigrants are not allowed to vote in elections in the United States unless they are naturalized citizens. If an immigrant is caught voting illegally, they may be subject to deportation.
4. Working Illegally
Immigrants who are living in the United States need permission to work. If an immigrant is caught working without proper documentation, they may be subject to deportation. Work authorization can be obtained by a work visa, Employment Authorization Document (EAD), asylum or becoming a green card holder.
5. Overstaying a Visa
If an immigrant enters the United States on a visa and remains in the country after their visa has expired, they have overstayed their visa. Overstaying a visa is a deportable offense.
6. Making False Claims to US Citizenship
It is a deportable offense for an immigrant to make false claims of US citizenship. This includes claiming to be a naturalized citizen when you are not or claiming that you were born in the United States when you were not.
7. Committing Marriage Fraud
Marriage fraud is a term used to describe when someone marries another person for immigration purposes. This type of fraud is often committed in order to gain citizenship or residency in the U.S. Marriage fraud is a deportable offense, and both parties involved may be deported if caught. So it’s important to be aware of the risks before entering into any marriage agreement.
How to Stop Deportation
If you have been served with an order for deportation proceedings, it is possible that you still may be able to stay in the United States. There are a few ways you can seek relief from deportation in Albuquerque, New Mexico with the help of an experienced deportation attorney.
Your attorney can advise you on the best course of action, such as applying for a stay of removal or filing for an adjustment of status. In some cases, it may also be possible to end deportation proceedings by applying for a Cancellation of Removal or seeking asylum from persecution.
One of the most common methods for relief from deportation include suspending deportation. In order to suspend deportation, the alien must prove that they have been continuously present in the United States for at least seven years and that they are of good moral character. The alien must show, in order to stop a deportation, that if deported, it would cause extreme hardship on the alien or their family.
It may be helpful to gather any evidence that can support your case, such as proof of long-term residence, community ties, and family relationships in the country. It is crucial to attend all scheduled court hearings and follow any instructions from the judge or government officials.
With the assistance of an Albuquerque deportation lawyer, asylum may be granted to qualifying individuals who can prove that they have been persecuted or that they fear future persecution in their home country because of their:
- Political beliefs
- Involvement in a certain social group
No matter what scenario you face, we will stand with you and fight to keep your family together.
Facing deportation can be a frightening and overwhelming experience, but it’s important to remember that there are options available to you. Obtaining the assistance of a qualified immigration attorney can greatly improve your chances of successfully navigating the legal process and potentially avoiding removal from the country. As someone facing deportation, your first step should be to request a consultation with an experienced attorney who specializes in immigration law. They will assess your case and advise you on the best course of action moving forward. Don’t delay in seeking professional assistance – contact the qualified immigration attorneys at Hendricks Law today.
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U.S. immigration law can be incredibly complex – and for most people, the best course of action is to work with an immigration attorney who understands the process and federal immigration laws.