Athens Deportation and Removal Defense

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Deportation and Removal Defense also known as Removal Proceedings is the removal of immigrants from the United States and these proceedings require the immigrant to appear before an immigration Judge. For this hearing, the Immigration Courts recommend you to have a personal attorney to prevent confusion due to complex immigration laws. Our experienced immigration lawyers can protect your rights and help you in getting relief during the deportation process which may involve delaying it or terminating it.

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Immigration Court

Once an immigrant, who is not a citizen or Legal Permanent Resident, receives a Notice to Appear (NTA), he must contact an attorney to represent him in court during removal proceedings. The removal proceedings will take place in an immigration court where a federal judge will listen to the immigrant’s claim and make a ruling. Although the immigration court allows for a personal attorney, they don’t appoint a state-sponsored attorney to represent you. Failure to have representation and be represented correctly in front of an immigration judge can result in removal from the United States. Our immigration court lumpkin GA law firm has experienced lawyers available to represent you in these courts and help you defend your American Dream.

Stewart Detention Center in Lumpkin Georgia

    This is a detention center located in Lumpkin, Georgia where immigrants are detained while awaiting a hearing with the immigration court or are awaiting deportation. As stated above, it is recommended to hire an attorney as soon as possible for representation in front of the immigration judge. Our experienced lawyers can represent and defend you in these circumstances. However, it is important to know that if the individual has been deported once before and has entered into the United States illegally again, there is a high likelihood that the immigrant will be deported again without a hearing. 

Bond Proceedings

A bond is a financial payment that guarantees the release of a detained immigrant if they present themselves at all the court hearings. However, immigrants with criminal records will rarely be awarded bond. In cases where ICE might not want to set a bond or cases where the bond price is too high for you to pay, you can request a bond hearing with an immigration Judge to attempt to change the status of your bond. Our experienced lawyers can represent you and help you in setting a reasonable bond that will free you from the detention center.

Removal Proceedings in the Stewart Detention Center

    A person detained at SDC can have the right to request a fair trial which is similar to the non-detained immigrant. The immigrant will stay at SDC during his proceedings unless he or she can pay the bond amount for their freedom. Our well-reputed law firm can help you in both setting the bond and receiving a fair trial where we will defend your immigrant rights and help you in getting relief.

Reinstatement of Removal

    If a person has been deported before, they likely signed documents and therefore unknowingly signed their own removal order. If that person has entered the US again illegally and is caught by ICE, they are likely to be removed very quickly and without a trial. So for that, you need a deportation defense lawyer, seeking legal advice as soon as possible is recommended to avoid any sudden removal proceedings.

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“Relief” From Deportation

    An illegal immigrant is likely to be removed from the United States, but under the Immigration and Nationality Act (INA), relief is possible. With an experienced attorney, an immigrant can get the following relief from removal proceedings: 

Cancellation of Removal

        A provision of the INA allows for the cancellation of removal. If the immigrant has stayed in the United States for a long time and possesses good moral character as well as meeting other requirements, he might be eligible to petition for cancellation of his removal. However, this relief is entirely at the discretion of the immigration judge, therefore we recommend hiring the best attorney for representation. 

Non-Permanent Resident Cancellation of Removal

A non-permanent resident must satisfy the following conditions to be eligible for the relief:

  • The person must have resided in the US for 10 years or more.
  • The person must not have been convicted of any crimes.
  • The person must possess a good moral character
  •  The removal of the person will cause an extreme hardship to their LPR/Citizen family members.

Permanent Resident Cancellation of Removal

The LPRs can get this relief upon satisfying the following conditions:

  • The person obtained LPR status lawfully and does not fall within certain categories.
  • The person must not be convicted in any of the Immigration Law specified crimes.
  • The person must have resided in the US for 7 years after admission.
  • The person must have had LPR status for at least 5 years.

 

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Asylum

Asylum helps non-US residents gain immigrant status based on their fear of persecution because of their political beliefs, religion, race, or sexual orientation in their native state. If you seek Asylum in the United States, our law firm can represent you. Our experienced lawyers will work through the process with you and ensure that everything is being done for you to be granted asylum.

Affirmative Asylum Applications (with the Asylum Office)

An immigrant who is not being persecuted in any removal proceedings can apply for asylum with the USCIS Asylum Office. The person must prove that they have faced persecution in the past for personal beliefs, ethnicity, or sexual orientation and fears the same for the future.

Defensive Asylum Applications (first raised in deportation proceedings)

A person who is currently in between his removal proceedings can apply through this application. The requirement is similar to the other one. The immigration judge holds the final decision whether to grant asylum or not.

This could highly depend on your legal representation. We have experienced lawyers at our law firm who have expertise in Immigration Asylum Laws and can defend you in immigration courts.

Fraud/Misrepresentation and Criminal Issues

Fraud/Misrepresentation

Past frauds and misrepresentations can be forgiven if the immigrant applies for a waiver. The application can be submitted to USCIS or Immigration Courts.

Criminal Convictions

Minor offenses like traffic violations and DUIs can be forgiven if individual files an application for a waiver.

Board of Immigration Appeals

If an immigration judge orders your removal from the United States, you can appeal to the Board of Immigration Appeals (BIA) within 30 days. If the decision remains the same, the immigrant can appeal for reconsideration or may appeal to Federal Circuit Court.

Federal Circuit Court petitions

After getting rejected from BIA, the immigrant may file a petition with the Federal Circuit Court that has jurisdiction over his or her state.

Reach Out For Assistance to Best Removal Defense Attorney

We have experienced lawyers who have expertise in immigration laws and can defend you in immigration courts. If you have received an NTA or fear one, you should contact us immediately so that we can discuss a response strategy. You can reach us at 706-546-0999 or email us at samthomaslaw@gmail.com