Facing deportation can be a complex, stressful, 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, you could use several possible defenses, depending on your situation.
At New Frontier, we are passionate about helping people navigate the U.S. immigration system. When you work with our deportation defense attorneys in Phoenix, we give you space to tell your story and provide strong legal representation to protect your rights as you navigate the legal system.
Find out how our immigration lawyers can help during a free case evaluation.
How Our Deportation Defense Lawyers in Phoenix Can Help
When you or a loved one faces 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 and determine your best defense strategy.
Our deportation attorneys have represented people with various immigration law issues across Arizona and 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 situation, 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 requires considerable preparation. 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 for legal resident status.
We can help you at every stage of the process if you face removal. As your immigration law firm, our team will collect evidence and advocate for your interests at court hearings.
Phoenix Deportation Defense Lawyer Near Me (623) 742-5400
What Happens After Your Deportation Hearings?
You will be allowed to remain in the United States if you receive a favorable verdict at either of the first two hearings. However, if the immigration 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 (B.I.A.).
- Second appeal: You must file your case with the U.S. Courts for the Ninth Circuit.
- Final appeal: In some cases, you can challenge the federal circuit court’s decision by appealing to the U.S. 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.
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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 request a voluntary departure. There are several 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. legally.
However, if you are deported with a removal order, you may be barred from the following:
- Reentering the United States
- Applying for cancellation of the removal
- Submitting a status adjustment
The risks associated with failure to depart can outweigh the benefits of voluntary departure. 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 you appear before a judge. In expedited deportation, low-level immigration officers can expel undocumented noncitizens 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 skilled immigration lawyers can explain your options based on your unique 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 (DHS) and ICE detain and deport hundreds of thousands of immigrants annually. While many of those deported are undocumented immigrants or have overstayed their visas, even a green card holder can be at risk of deportation.
There are several grounds for deportation outlined in 8 U.S.C. § 1227, including the following:
- Criminal offenses
- Marriage fraud
- Inadmissible at the time of entry
- Misrepresentation on legal documents
- Violations based on status
- Adjustment of status
- Violations of conditions of entry
- Drug addiction
- Firearm offenses
- False representation to gain benefits
This list does not exhaust all the reasons for deportation. If you believe you face removal for any reason, please get in touch with our Phoenix deportation defense attorneys today. 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 avoid missing important deadlines, contact an attorney as soon as possible after receiving 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 possible defenses include:
- You are not removable under the charges.
- 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 still help you seek deportation relief.
Requesting Deportation Relief in Arizona
There are several options our attorneys may use in your defense against deportation. For example, we can help you with the following:
- 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 Phoenix deportation lawyers can explain your options, help you meet the requirements, and request the type of relief that’s right for you.
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 you have the best chance for a bright future in the U.S.
In addition to deportation defense, we have extensive experience in the following practice areas:
- 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 Experienced Immigration Attorneys in Phoenix, AZ
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 listen to 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 be. Our deportation defense lawyers in Phoenix, AZ, are here to help you navigate the complexities of U.S. immigration law. Time is of the essence in cases involving removal proceedings, so don’t delay. Contact us today to discuss your case.