Facing deportation can be a complex, worrying, and life-changing experience. For many immigrants, removal means leaving behind a life and family. If you or a loved one received a deportation notice, there are several possible defenses you could use, depending on your situation.
At New Frontier Immigration Law, we are passionate about helping people navigate the U.S. immigration system. When you work with our deportation defense attorneys in Phoenix, AZ, we give you space to tell your story and provide strong legal representation to protect your rights as you navigate the process.
How Our Phoenix Deportation Lawyers Can Help
When you are facing deportation, our immigration firm can help. If you hire us after the initial consultation, we can represent your interests as we navigate U.S. immigration law together. We will take the time to understand your circumstances so we can determine the right defense strategy for you.
Our deportation attorneys have represented people with various immigration law issues in Phoenix, throughout Arizona, and across the Southwest. We can provide representation in immigration court to fight against removal and advocate for your interests. As we work on your case, we can help you better understand deportation laws, how they apply to your case, and what to expect during the process.
For a free legal consultation with a deportation defense lawyer serving Phoenix,call (623) 742-5400
Understanding the Deportation Process
Navigating the U.S. immigration system can be complex and usually involves considerable preparation. However, the deportation process generally involves the following steps:
- Removal initiated: Deportation starts when you receive Form I-862 – Notice to Appear (NTA) – from the Department of Homeland Security (DHS). The DHS also files the form with the Phoenix Immigration Court.
- First court hearing: This is known as a master calendar hearing, where the DHS will make a case for removal by arguing that you are not a U.S. citizen.
- Merits hearing: This individual calendar hearing takes place in the Phoenix Immigration Court. You will present your defense and provide evidence of your eligibility to obtain legal immigration status.
We can help you at every stage of the process if you face removal. As your immigration team, our lawyers will collect evidence and advocate in your interest at your court hearings.
Phoenix Deportation Defense Lawyer Near Me (623) 742-5400
What Happens After Your Deportation Hearings?
If you receive a verdict in your favor at either of the first two hearings, you will be allowed to remain in the United States. However, if the judge in your case rules against you and signs a removal order, you may need to pursue further action:
- First Appeal: You can appeal the decision in your case to the Board of Immigration Appeals (BIA).
- Second Appeal: You would need to file your case with the United States Courts for the Ninth Circuit.
- Final Appeal: In some cases, you may be able to challenge the federal circuit decision by appealing to the United States Supreme Court.
A Phoenix immigration attorney can help you compile the necessary evidence and documentation to prove your case before the judge. In addition, our team can be there for you at each appeal phase as necessary for your case. We are passionate about defending the rights of immigrants and asylum seekers in Phoenix, and we will support and guide you every step of the way.
Voluntary Departure and Expedited Deportation
While the above process is standard, your deportation can be accelerated through voluntary departure or expedited deportation.
After going through this process, you may decide to request voluntary departure. There are benefits to choosing a voluntary departure, depending on your situation. If you decide to leave within the allotted timeframe at your expense, you may be able to reenter the U.S. in the future legally. However, if you are deported with a removal order, you may be barred from:
- Reentering the United States
- Applying for cancellation of the removal
- Submitting a status adjustment
The benefits of voluntary departure can be outweighed by the risks associated with failure to depart. According to 8 U.S.C. § 1229c, you can face penalties such as fines and restrictions on relief if you fail to leave after being granted this option. As such, it is essential to use voluntary departure carefully.
U.S. Immigration and Customs Enforcement (ICE) may subject you to expedited deportation. In this case, ICE could deport you before appearing in front of a judge. In expedited deportation, low-level immigration officers can expel undocumented non-citizens quickly. The recent expansion of expedited removal since 2017 has resulted in the removal of thousands of individuals without a hearing before an immigration court.
While expedited removal is technically legal in certain circumstances, it is often misused to deport individuals who are legal noncitizens and asylum seekers. Thus, if you have been scheduled for expedited deportation, you may still be able to challenge your removal. Our deportation defense lawyers can explain your options depending on your circumstances.
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When Can a Person Be Deported?
Deportation is the removal of an immigrant from the U.S. by immigration authorities. The Department of Homeland Services and ICE detain and deport hundreds of thousands of immigrants every year. While many deported immigrants are undocumented or have overstayed their visas, an immigrant with legal status can still be at risk of deportation. There are several grounds for deportation outlined in 8 U.S.C. § 1227, including:
- Criminal offenses
- Marriage fraud
- Inadmissible at time of entry
- Misrepresentation on documents
- Violations based on status
- Adjustment of status
- Violations of conditions of entry
- Adjustment of status
- Drug addiction
- Firearm offenses
- False representation to gain benefits
This list does not exhaust all the reasons for deportation. If you believe you face deportation for any reason, you could reach out to our Phoenix deportation defense attorneys right away. Our team can help you understand the different grounds for removal and how they may apply to your circumstances.
If you have received an NTA, it will list the reasons for your deportation. Depending on your situation, we could argue that you are not eligible for deportation based on the grounds listed or take other steps. To ensure that you don’t miss important deadlines, contact an attorney as soon as possible after you receive your NTA. You typically have a limited time to respond or appeal the decision. Furthermore, missing a deadline could lead to immediate deportation.
Possible Defenses to Removal
If you face removal in Phoenix, our deportation defense attorneys can create a strategy to defend you against the reasons listed in your NTA. Some of the possible defenses to consider include:
- You are not removable under the grounds charged.
- There were issues with receiving your NTA.
- You experienced immigration paperwork delays.
- You are a lawful permanent resident.
If deportation proceedings have already commenced, we can also help you seek deportation relief.
Requesting Deportation Relief in Phoenix, AZ
There are several options our attorneys may use in your defense against deportation. For example, we can help you with:
- Status adjustment: You could apply for a green card with U.S. Citizenship and Immigration Services (USCIS), usually through family members or employment.
- Asylum: You may be eligible to request asylum under 8 U.S.C. § 1158 if you meet specific requirements.
- Cancellation of removal: If you meet the eligibility requirements in 8 U.S.C. § 1229b, you can request a cancellation and possibly receive a green card.
- U visas: You may qualify for a U nonimmigrant visa if you were the victim of criminal activity and meet specific requirements.
- Protection under DACA: You could request protection under the Deferred Action for Childhood Arrivals (DACA) system.
- Prosecutorial discretion: In some cases, the prosecution may allow you to stay with limited rights.
Our deportation lawyers can explain all of your possible options, help you meet the requirements, and request the type of relief that is right for you in Phoenix.
Take Advantage of an Initial Strategic Session
If you have received an NTA, you might want to discuss your situation with an immigration lawyer. Our team offers initial strategic sessions that are more than just a consultation—we will delve into your case and review every option available to fight your deportation.
Then, should you decide to work with us, we will aggressively represent your interests and defend your right to pursue freedom and happiness without fear. In addition, we will apply the cost of the strategic session toward your case.
Our passionate immigration lawyers are committed to ensuring that you have the best chance for a bright future in the US. In addition to deportation defense, we can assist with:
- Family petitions
- Military Parole in Place applications
- Naturalization, DACA, and immigration appeals
- Motions to Reconsider or Reopen
- U visas
- Immigration bonds
- Waivers for entering without permission
Contact Our Immigration Attorneys in Phoenix, AZ, Today
If you or someone you know faces deportation, we can help you navigate the process and build a defense against removal. Our lawyers will take the time to learn your story and advocate for your interests at court hearings. We can also represent you during the appeals process, if necessary.
We understand how frightening and complicated the immigration process can feel. Our Phoenix immigration lawyers are here to help you navigate the complexities of US immigration law. Time is of the essence in immigration cases, so don’t delay. Reach out to us today to discuss your case.