United States Deportation Defense
If you or your family members have spent a long time in the United States, life here may be all you know. Your native country may seem like a distant memory. Our immigration attorney in Milwaukee, Wisconsin, understands that the idea of being ordered to leave the United States may be terrifying.
We know that anyone facing deportation needs a strong defense team. Our deportation defense lawyer will prepare an aggressive defense to deportation from the United States. We will prepare the case thoroughly, using any case law, statutes, or public policy issues to promote every option to defend you against deportation. It is our goal to protect you from deportation and for anyone facing deportation to come away from that process with a green card.
Milwaukee Immigration Attorney Defending Anyone Facing Deportation in Wisconsin
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Frequently Asked Questions About Facing Deportation from the United States
- What does it mean to be deported?
- Why would someone face deportation?
- What is the procedure for a deportation case?
- How can I defend against deportation?
- What happens if a judge orders me deported?
- What consequences result from deportation?
- Is relief from deportation available?
- How can I return to the United States after being deported?
What does it mean to be deported?
Deportation is a civil proceeding. Specifically, deportation results in the formal removal of a non-citizen admitted to the United States. Deportation is a method of removing a non-citizen found to have violated US immigration laws. A judge normally orders the deportation. Since 1997 deportation, determinations of inadmissibility, and decisions of eligibility for relief from removal are all covered under the term, removal proceedings. If you have questions about deportation from the United States, our immigration attorney in Milwaukee, Wisconsin has answers.
Why would someone face deportation?
The following non-citizens are deportable:
- A foreign national who was inadmissible at the time of entry or adjustment of status
- Any foreign national, who violates an immigration status
- A foreign national convicted of certain criminal offenses.
Conviction of certain Crimes or an Aggravated Felony:
The law requires that any alien convicted of an aggravated felony must be taken into immigration custody upon release from incarceration. However, conviction for other criminal offenses are also deportable, including any of the following:
- certain offenses against the government
- crimes of moral turpitude where there is a possible sentence of more than 1 year, or 2 or more offenses of moral turpitude regardless of imprisonment
- domestic violence offenses
- engaging in detrimental national security activities
- high speed flight from an immigration checkpoint
- illegal voting
- offenses involving controlled substances (other than a singular offense of possession of less than 30 grams of marijuana for personal use)
- failing to register as an alien
- falsification of immigration documents
- falsely representing oneself as a citizen
- firearms offenses
- terrorist activity
Deliberately or Accidentally Overstaying a Visa / Illegal Immigration Actions / Failure to Obtain the Proper Visa / Present in Violation of Law
What does it mean to deliberately or accidentally overstay a visa or be present in violation of the law? Similarly, what is an illegal immigration action? Alternatively, what circumstance constitutes a failure to obtain the proper visa? For example, these provisions apply to an alien admitted as a non-immigrant who failed to maintain nonimmigrant status. Similarly, this applies to a foreign national who failed to comply with the terms or conditions of admission or is present in the US in violation of any law. Finally, this provision also describes a non-citizen whose non-immigrant visa has been revoked. If any of the above apply to your situation in the U.S., specifically Wisconsin or Milwaukee, we recommend you speak with an immigration attorney.
A non-citizen who obtains admission to the US through marriage to a US citizen that solely for immigration benefits is an example of marriage fraud. If you stand accused of marriage fraud you may want to talk to a lawyer. In Wisconsin, you can find an aggressive deportation defense attorney in Milwaukee at our immigration law firm.
An alien who became a pubic charge within 5 years of entry due to causes that existed at the time of entry.
Smuggling or Human Trafficking
An alien, under certain circumstances except for family reunification, who assists another alien to enter the US in violation of the law.
Termination of Conditional Permanent Residence
What happens if I am facing deportation or I am in immigration detention?
Proceedings before an Immigration Judge
- The deportation proceeding begins with the filing of a Notice to Appear. The Notice to Appear is a charging document that must contain allegations of a violation of immigration law and explain why the alien is deportable. The Department of Homeland Security is the petitioner.
- A hearing takes place before an Immigration Law Judge. Normally the first hearing will occur within 5-10 days after someone has been placed in immigration detention.
- A detainee may request a bond hearing to obtain the alien’s release from immigration detention while the deportation action is pending.
- When an alien obtains a bond, the deportation process will continue at a non-detained facility. The name for the next proceeding is a Master Calendar hearing. At the master calendar hearing, the alien enters a plea to the allegations in the notice to appear.
- If the alien disputes the allegations in the notice to appear then the deportation hearing will be continued for a contested hearing. At the contested hearing, the immigration judge will decide if the petitioner proved the allegations and a proper ground for deportation exists.
- If the judge finds the petitioner proved grounds for deportation then the judge decides whether the alien is eligible for relief from deportation. The judge may adjourn the case to provide time to file the necessary applications.
- The last hearing is the Merits Hearing. At the Merits Hearing, there is a trial on the matter. At the conclusion, the immigration judge makes a decision and determines whether to grant relief.
The alien or the government may appeal the decision of the Immigration Judge to the Board of Immigration Appeals (BIA). An immigration attorney in Milwaukee, Wisconsin can assist you with your administrative appeal.
The United States Federal Court has jurisdiction to hear some appeals of the Board of Immigration Appeals’ decisions. The appellant has 30 days to file an appeal from the date of the final removal decision.
Expedited Procedure for Some Aggravated Felonies
There is a more expedited procedure for aliens who are not legal permanent residents and who have been convicted of an aggravated felony. In this circumstance, the alien may receive notice on Form I-851, Notice of Intent to Issue a Final Administrative Deportation Order. The I-851 sets forth the charge of deportability, including facts sufficient to support the following allegation: the alien is:
- not a lawful permanent resident,
- deportable for a conviction of an aggravated felony
- not eligible for statutory relief from deportation.
If an alien has been taken into immigration custody upon conviction of an aggravated felony, the alien may be released if the alien makes a proper showing. To make a proper showing the alien must demonstrate he or she is not a threat to the community and is likely to appear for scheduled proceedings. If the petitioner supports the charge with sufficient evidence, the alien will have an opportunity to inspect the evidence. The alien also has an opportunity to rebut the charge. An attorney may represent the alien at the proceedings. There is a right to seek a limited review of the decision within 30 days.
What defenses are available to avoid deportation?
The best decision you can make when facing deportation from the United States is to hire an immigration attorney to assist you. Our aggressive Wisconsin deportation defense attorney in Milwaukee will hold the government to its burden when you face deportation by immigration authorities. We make the government prove you are deportable from the United States and we don’t back down. We can also assist you to obtain relief from deportation if the government can prove its case against you.
What should I expect to happen if a judge orders me to be deported?
- The issuance of a deportation warrant.
- Physical deportation will not occur until the authorities obtain travel documentation unless the alien is of a limited class being deported to a contiguous territory. In most cases, the government submits the application for travel documentation after the issuance of the deportation warrant. The alien may request deportation to any country. When an alien requests deportation to a country then a request for a travel document to the requested country shall be made to the authorities of the designated country. However, the government shall also submit a simultaneous application for a travel document to the authorities of the country to which the alien is likely to be deported if the country of choice is unlikely to receive the alien. If the government cannot obtain a travel document a possibility exists that deportation can not be effectuated.
- After issuance of the warrant of deportation and determination of the country of deportation, the government will serve the foreign national with notice of the country to where he or she will be deported.
- If not detained, the government will serve the alien with form I-166, a notice to surrender in not less than 72 hours to complete the deportation.
- Fingerprinting will occur at the time of physical deportation. The official places the fingerprints on the back of the warrant of deportation with the alien’s signature.
- All individuals who are ordered to leave the United States but who are not found, or who have not left, are put on a deportation list.
Will I face consequences after the deportation?
You will likely be returned to your native country. Other consequences depend upon the specifics of the situation. The following are examples of consequences for different circumstances: a person who
- is placed in deportation proceedings upon entry to the United States and was ordered deported is inadmissible for a minimum of 5 years.
- is subject to deportation and left without allowing the deportation to occur (self-removal) is inadmissible for 10 years.
- receives an order of removal and is deported is inadmissible to the United States for a period of 10 years from the date physically removed from the US, not the date of the order.
- is deported twice from the United States, whether the proceedings commenced upon entry or otherwise, is inadmissible for a period of 20 years.
Furthermore, a permanent restriction exists for any person convicted of an aggravated felony. A conviction for an aggravated felony results in a status of permanently inadmissible. However, you may obtain waivers of inadmissibility for some of the admissibility periods. Specifically, to obtain a waiver, the applicant must demonstrate extreme hardship would ensue to a US citizen or LPR, according to the waiver regulations.
What relief from deportation is available?
At any time before the Immigration Judge enters a final order an alien subject to deportation may request discretionary relief. The alien must prove eligibility for relief and that relief is deserved. The following forms of relief are available to avoid deportation:
Adjustment of Status
An alien may apply to adjust status before the immigration judge. An immigrant visa must be immediately available and the aline must be admissible as a permanent resident.
An alien may seek asylum if it can be demonstrated that the alien is unable to return to the alien’s home country due to persecution or fear of persecution. In particular, to be elibible, the alien must show persecution or fear of persecution due to certain qualifying classes. However, some aliens are not eligible to apply for asylum. Specifically, the following aliens may not be eligible to apply for asylum: an alien
- convicted of an aggravated felony
- found to be a danger to national security
- outside of the time limit to file for asylum
Cancellation of removal
A judge may grant cancellation of removal to qualified aliens facing deportation. Specifically, qualifications for cancellation of removal depend on whether the person facing deportation is a legal permanent resident or a non-resident. Some factors, in particular, that the immigration judge considers for cancellation of removal may include time spent residing, or continuously present in the US, and whether the deportation would result in exceptional and extremely unusual hardship to the alien’s US citizen or LPR family members. In conclusion, cancellation of removal can result in the granting of permanent residence from the immigration judge.
Deportation may be suspended
Individuals eligible under the Nicaraguan Adjustment and Central American Relief Act may have their deportation suspended. NACARA may provide relief to eligible nationals, or former nationals, of the following countries: El Salvador, Guatemala, Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, Poland, Soviet Union or any republic of the former Soviet Union, Romania, Russia, Yugoslavia or any state of the former Yugoslavia.
Deportation may be deferred
Certain aliens may request deferred action using form I-821, Consideration of Deferred Action for Childhood Arrivals. Specifically, deferred action may be available for someone under age 31 who meets certain eligibility requirements.
Legalization and Registry
Legalization is a process of granting amnesty where the alien is granted the right to remain in the United States. Registry grants lawful permanent residence to aliens who meet the following specific criteria:
- have resided continuously in the US since before January 1, 1972
- have good moral character
- are not deportable on certain grounds, and are not ineligible for citizenship.
Unconditional withdrawal from removal proceedings may be available to an alien who demonstrates the intent and ability to depart immediately under certain circumstances. Specifically, the alien must demonstrate that justice would be served based on factors directly relating to the issue of admissibility.
With the permission of the Attorney General, an alien may voluntarily depart the US at the alien’s expense. Specifically, if the judge grants voluntary departure before the completion of the removal proceedings the alien must leave within 120 days. In contrast, if the judge grants voluntary departure at the conclusion of the proceedings the alien must leave within 60 days. However, the judge may grant an extension or good cause when an alien must leave within 60 days. Moreover, voluntary departure removes a bar to admissibility that would otherwise accompany deportation.
However, failure to leave after receiving voluntary departure can subject the alien to significant penalties. Specifically, failure to leave after obtaining voluntary departure subjects you to civil penalties and fines, and a 10 year bar to certain immigration options. Additionally, if a person decides to leave the US voluntarily after failing to depart voluntarily as required, the later departure is classified as self-removal, equivalent to deportation.
Withholding of Removal
Withholding of removal is similar to asylum. However, withholding of removal does not permit the alien to apply for LPR. Withholding of removal it only prohibits USCIS from deporting the alien to 1 particular country.
Motion to Reconsider
The alien subject to deportation may file 1 motion to reconsider. The alien must file the motion to reconsider within 30 days of the date of entry of the final order of removal.
Motion to Reopen
An alien ordered deported may generally file 1 motion to reopen the proceedings. The alien must file the motion to reopen within 90 days of the date of entry of the final administrative order of removal.
A stay of deportation prevents the removal order from being executed. A stay is automatically granted during the time to file an appeal (unless appellate rights are waived). Furthermore, the stay continues while an appeal is pending.
How can I return to the United States after I was deported?
If you are inadmissible you may apply for consent to reapply for admission using form I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal. In particular, waivers of inadmissibility may be obtained for some of the admissibility periods. However, the applicant must demonstrate extreme hardship would ensue to a US citizen or LPR, according to the waiver regulations.
Finally, contact US immigration lawyers at our law firm in Milwaukee to assist you with any of your Wisconsin immigration law needs today. Also, visit our US Immigration Resources Page for more information.