For many immigrants, deportation can be a terrifying experience. The prospect of being ripped away from the life you have created is scary, and you may not feel like you have any options. But help is available from the Jacksonville immigration lawyers from Mendoza Law.
Our attorneys have over 100 years of combined legal experience and have helped countless individuals with their immigration issues. We can launch a strong deportation defense and explore options to preserve your immigration status and right to be in the country.
Contact our offices to speak to a deportation defense lawyer in Jacksonville. Time is of the essence, so don’t hesitate to reach out.
Common Reasons for Deportation
The U.S. government retains broad latitude to remove non-citizens from the country for a wide range of reasons. Below are some of the most common reasons for deportation:
- Violating the terms of your visa (e.g., working on a student visa)
- Committing certain crimes or violent offenses
- Unauthorized entry into the United States
- Lying or providing misleading information on immigration forms
- National security concerns
Regardless of the reasons, deportation is a serious matter that warrants an equally serious legal response. By understanding the reasons for deportation, your attorney can create an adequate defense.
How Do Deportation Proceedings Work in the U.S.?
Below is the general procedure for deportation and removal in the U.S. This process may be slightly different, depending on your specific immigration situation.
1. Notice to Appear (NTA)
The first step in the deportation process is DHS sending you a Notice to Appear (NTA). An NTA is a formal document notifying you of the government’s intent to deport you and explaining the reasons for removal.
2. Master Calendar Hearing
Once you receive an NTA, you’ll have to attend a master calendar hearing. During this preliminary hearing, a judge will review your case and schedule future hearings. You can have an attorney present with you at the master calendar hearing.
3. Individual Hearing
After the master hearing, there will be an individual hearing. The judge will review your specific circumstances, and your attorney can present evidence and arguments on your behalf. After the individual hearing, the judge will decide whether to issue a removal order or allow you to stay in the country.
4. Deportation Order
If the judge issues a removal order, DHS will take steps to remove you from the country. Note that for some individuals, DHS can issue an expedited removal order without a hearing.
5. Appeals
If a judge orders you removed from the country, you may be able to appeal the decision with the Board of Immigration Appeals (BOA). The BOA is the highest level of immigration review, and you must request an appeal within 30 days of receiving a deportation order.
Common Deportation Defenses
Below are some common strategies a Jacksonville deportation defense lawyer from our firm can use. We will assess the details of your case and find an individual solution that works for you.
Cancellation of Removal
If you are a lawful permanent resident, you may be able to have your removal canceled if you’ve had a green card for at least five years, lived in the U.S. for at least seven years, and do not have any felonies on your record.
If you don’t have a green card, you still may be able to cancel your removal if you have lived in the U.S. for at least ten years, are of good moral character, and can demonstrate that removal would cause undue hardship to a relative who is a citizen or green card holder.
Claiming Asylum
If you are afraid for your safety in your home country, you may be eligible to claim asylum to avoid deportation. To claim asylum, you must show that you have or would suffer persecution due to your race, religion, nationality, political views, or sexual orientation.
Adjust Immigration Status
Individuals who are eligible for a green card may be able to adjust their status to avoid removal. Through an adjustment of status, you can apply for and obtain your green card without having to return to your country of origin.
Waiver for Criminal Offenses
If your deportation is due to crimes, it may be possible to obtain a waiver for criminal offenses to avoid deportation. A waiver will remove inadmissibility on the grounds of a criminal offense and can be granted if you have been rehabilitated and the state judges that you are not a danger to the community.
Voluntary Removal
One final option is voluntary removal. Although not a defense, voluntary removal lets you avoid the worst consequences of being forcibly deported, which can bar you from entering the U.S. for several years. By removing yourself voluntarily, you can have a chance to legally reapply for entry in the future.
Contact Our Jacksonville Deportation Defense Lawyers Today
Facing deportation can be a scary experience, but help is available. Lead attorney Maria Mendoza has firsthand experience with the difficulties immigrants face and can offer the full support and resources of our firm.
Contact Mendoza Law today or call us by phone to schedule an appointment with a deportation defense lawyer in Jacksonville.