Deportation and Removal Proceedings

U.S. Immigration Law provides for specific procedures through which a foreign person may enter and be present in the United States. Ideally, entry into the United States by a foreigner is made with visas or other immigration documents which grant specific permission for the person to enter the United States and remain for a certain time and purpose.. If a person enters or remains in the United States unlawfully she may face removal proceedings.

Removal hearings are conducted to determine whether certain foreigners are subject to removal from the country. Previously there were separate proceedings to determine whether someone was unlawfully trying to enter the U.S (exclusion proceedings) than for those present in the United States who had violated any number of immigration or criminal laws (deportation proceedings). Generally the distinction from these two proceedings has been eliminated and there is one proceeding called the removal proceeding.

Persons who have made a valid entry into the United States and have subsequently violated their status, as well as persons who entered unlawfully and are later apprehended by the U.S. Immigration Service, are subject to removal proceedings. The Department of Homeland Security, which took over the function of the former Immigration and Naturalization Service, can then issue a Notice to Appear which schedules a hearing before an Immigration Judge. If an individual is in custody he or she may either be released or detained, depending upon family ties, the nature of the problem, and the likelihood that the person will appear before the Immigration Judge.

A variety of forms of relief from removal is available, including cancelation of removal, political asylum, voluntary departure, adjustment of status and other technical and administrative grounds of relief.

If a person is placed into removal proceedings and/or has questions about his or her immigration status, it is imperative that they retain competent legal counsel since their future ability to remain or return to the United States is at risk.

 

If you or a loved one are facing deportation, it is critical to consult with an experienced Miami attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

By taking the immediate action of hiring an attorney to defend yourself, you are minimizing the chances that your removal case will have lasting consequences for your career and personal life.  CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our securely encrypted intake form. The additional details you provide will greatly assist us in responding to your inquiry.

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*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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