Deportation, officially referred to as removal, is an unfortunate possibility for non-citizens in the United States after they have been accused of violating terms of a visa or committing criminal activity. While the government has procedures in place designed to protect the rights of those accused, those protections often need to be understood and asserted in order to serve those facing removal proceedings.
An Aurora deportation defense lawyer could work help individuals who may be facing deportation. A skilled immigration attorney who understands deportation law could work to ensure that proper procedures are followed and all available defense strategies optimized to help reach a positive outcome. En Español.
Grounds for Removal
Deportation proceedings may be initiated against those who enter the U.S. individuals illegally, but other non-citizens may face deportation as well, including those with green cards who have lived and worked legally in the country for years as lawful permanent residents.
Common grounds for removal may include:
- Commission of a crime of moral turpitude, including murder, theft, and abuse
- Violation of terms of visa
- Failure to advise US Citizenship and Immigration Services of a new address within ten days
- Commission of an aggravated felony or other listed crime
- Violation of immigration laws
- Reliance on public assistance due to causes not proven to have arisen after entry
Removal proceedings could be initiated in cases where removal is not warranted, so it is often essential to ensure that the circumstances are fully understood to create an effective defense or obtain appropriate relief. Consultation with an Aurora deportation defense attorney could go a long way towards simplifying and streamlining this endeavor.
An Overview of Deportation in Aurora
In many cases, the removal or deportation process starts with the Department of Homeland Security filing a Notice to Appear. This notice is served or delivered to the foreign national in question and filed with the immigration court. The notice states that the foreign national must appear before a judge and explains the reason for removal, including his or her alleged violation(s) of the law.
Often, the outcome of proceedings before an immigration judge will be contingent on the individual’s qualifications for relief under federal immigration policy. In some cases, the government may have grounds for removal but the foreign national should not be returned to his or her country of origin, because one or more of his or her qualifications may make him or her eligible for deportation relief.
What is the Removal Process for Deportation?
After the Notice to Appear is served and filed, the next step in many cases is a master calendar hearing in which necessary information such as the standard procedures in the removal process and any issues in your case are presented. Additional master hearings may be requested or scheduled depending on the circumstances.
What is the Trial Phase of the Removal Process Like?
The trial phase of the removal process takes place during the individual hearing. This hearing usually includes opening statements, as well as the chance to present exhibits and examine witnesses. During this time, the foreign national has the opportunity to show why removal is not the right course of action, a process that a dedicated deportation defense lawyer in Aurora could provide critical assistance with.
Work with an Aurora Deportation Defense Attorney on Your Case
The stakes are often extremely high during the removal process. To help ensure that proper procedures are followed and the best persuasive arguments are brought forth to stop deportation proceedings, it is usually wise to consult a legal counselor with experience handling removal proceedings.
A knowledgeable Aurora deportation defense lawyer could provide advice and representation throughout the process and help collect and present evidence to support your claim. To learn how an experienced attorney could help in your particular circumstances, call today to schedule a consultation.