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Deportation Defense in Phoenix, Arizona
You’ve made a home in the United States for years, only to be forcibly removed and deported back to your home country. Hundreds of thousands of people go through this every year. Deportations are widespread in the United States, and millions of families are affected.
The possibility of being deported is terrifying and stressful. It can significantly change someone’s or their family members’ lives. Not only do those facing deportation dread losing contact with their loved ones, but they also confront financial hardships.
Even green card holders and immigrants who have been in the U.S. for numerous years commit mistakes that lead to deportation proceedings. It is critical to thoroughly prepare your deportation defense.
There are ways to avoid deportation, but you must hire the right lawyer. The Phoenix deportation defense attorneys at Ybarra Maldonado Law Group are committed to helping immigrants defend their rights and combat unfair deportation tactics. You can rely on us to carefully prepare your deportation defense. We recognize how devastating deportation can be for families and communities.
Individuals detained by United States Immigration and Customs Enforcement (ICE), are processed before being moved to a detention facility. Detainees are usually taken to the Florence, Eloy, or La Palma Detention Centers in Arizona.
Posting a bond may be an option for some individuals. This indicates that a detained person may be allowed by an immigration judge to leave the detention facility if they pay a specified amount of money.
However, an immigration bail hearing might take several days or even weeks to be held by a judge. This really depends on the processing time in the detention center and the immigration court’s timetable. We’ve helped thousands of people acquire immigration bonds, and we can help you at any point in the process, from obtaining a bond to the final hearing.
If a bond is granted, the detainee can go home and defend their case outside of the facility. It is always a good idea to contact a Phoenix deportation defense attorney as soon as possible. You may only get one chance to obtain a bond, and making a mistake could result in your deportation!
Who Can the Immigration Authorities Remove?
Undocumented or illegal immigrants are often misunderstood as being the primary target of deportation. Undocumented immigrants are people who entered the United States unlawfully or overstayed their visa period. However, while being undocumented is a valid reason for deportation, it is not the only one.
The following individuals are eligible to be deported under US immigration laws:
- Immigrants without documentation
- Green Card holders and other legal immigrants who otherwise meet the Immigration and Nationality Act’s criteria for deportation
- Any lawful immigrant who breaks the terms of his or her stay.
If you want to know if you’re at risk of being removed, don’t rely only on this information. Only experienced immigration attorneys have the knowledge to help you. They examine the circumstances surrounding your existing immigrant status to see if it meets the requirements for deportation under the Immigration and Nationality Act.
Reasons For Deportation
A record is produced that is used to determine whether the person is deportable or allowed to stay in the United States when they go before an immigration judge in immigration court.
It is strongly advised that you appear in court with an experienced Phoenix deportation defense attorney or consult with one before going to court. Showing up in immigration court unprepared or with the wrong lawyer could be disastrous.
Non-citizens can be deported for several reasons, including:
- Immigration violation – People are often deported for violating immigration laws in some way. A number of people enter the country illegally, while others fabricate documents or let their visas expire.
- Criminal conviction – Someone who enters the United States legitimately can be deported if convicted of a major crime within five years of their entrance. A person also faces deportation if their crime has a penalty of more than one year in prison.
Due Process Rights for Foreign Nationals Facing Deportation
In most situations, if you are a foreign national detained by ICE for being in the country unlawfully, you are not instantly deported. You have due process rights under the Immigration and Nationality Act.
During a removal proceeding, you may appear before an immigration judge and defend your right to remain in the United States. Before making a final decision, the judge will consider the evidence submitted by you and the Department of Homeland Security (DHS) attorney. In order to have a good outcome in your removal case, you must have an experienced Phoenix deportation defense attorney on your side.
Understanding the Deportation Process
An arrest is the first step in the deportation process. The Executive Office for Immigration Review is in charge of ensuring that arrested persons get a fair removal hearing. During this hearing, a judge reviews the person’s documentation, alleged crimes, and other facts. If you’re facing deportation, you can hire an immigration lawyer to represent you.
Ways to Halt Deportation
An individual can look for relief from deportation in a number of ways.
A qualified immigration attorney may be able to convince a judge to grant one of the following:
- Adjustment of Status – Parents, offspring, spouses, or widows of a U.S. citizen may be eligible for an adjustment of status. You will become a lawful permanent resident if you are successful.
- Defensive Asylum – You may be granted asylum if you have a reasonable fear of returning to your home country. People who fear persecution because of their religious views, political convictions, or race are frequently given refuge. In adversarial (courtroom-like) proceedings, immigration judges hear defensive asylum cases. The judge decides whether the applicant is awarded asylum, whether they are eligible for other forms of protection from deportation, or if they should be deported.
- Cancellation of Removal – If you have resided in the United States for ten years continuously without a felony conviction, you may be eligible for cancellation of removal. Cancellation of removal is also a possibility for a lawful permanent resident who’s lived in the United States for at least seven years.
- U Visa – Victims of violent crimes can apply for this visa. This type of visa is designed to deter criminals from targeting undocumented immigrants. It can prevent deportation and also lead to the applicant receiving a green card.
Cancellation of Removal for Non-Permanent Residents
Cancellation of Removal for Non-Permanent Residents is one of the defenses available to you to avoid deportation. To be eligible for removal cancellation, you must prove to a judge that:
- You have physically resided in the United States for the past ten years before receiving the Notice to Appear in immigration court.
- During the ten-year period, you cannot have been abroad for more than 180 days total, with no single trip exceeding 90 days.
- During that ten-year period, you have demonstrated good moral character.
- There are no aggravated felony convictions on your record such as domestic violence, theft, or drug crimes.
- Your deportation would put your spouse, parent, or offspring legally residing in the United States through extraordinary and unusual hardship.
Cancellation of Removal for Permanent Residents
You may still be deported, even if you are a Lawful Permanent Resident in the United States. If you are facing deportation or removal from the United States and have a Green Card, the removal defense attorneys at Ybarra Maldonado Law Group help you pursue a legal remedy in your deportation case known as Cancellation of Removal for Permanent Residents.
We can only file an application for a Cancellation of Removal on your behalf if your deportation proceedings before an immigration judge have already started. You can keep your lawful Permanent Resident status and stay in the country if the immigration judge approves your application.
You must meet certain criteria to qualify:
- Prior to filing your application, you must have been a lawful permanent resident (Green Card holder) for the previous 5 years.
- Before receiving a Notice to Appear at the removal hearing, you have been in the United States for at least 7 years after being lawfully admitted.
- Possess no aggravated felony convictions.
Your Phoenix deportation defense attorney offers material to the Judge during your hearing that proves your eligibility for Cancellation of Removal. Any previous criminal offenses are weighed against other factors, such as your good reputation in the community, military service, paying taxes consistently, education, proof of rehabilitation, or strong family and business roots in the community.
However, the judge’s decision is not final. You can take your case to the Board of Immigration Appeals if you disagree with the immigration ruling. This is where an experienced immigration appeals lawyer will come in handy.
Get Help From a Phoenix Deportation Defense Attorney
We understand that the possibility of deportation or the removal of a loved one is emotional, terrifying, and stressful. At Ybarra Maldonado Law Group, our immigration attorneys take the time and effort necessary to ensure that you are fully aware of your rights at this time.
Each Phoenix immigration attorney in our law firm works tirelessly to help you realize your goal of becoming an American citizen. We have the experience, resources, and compassion to help you through this process.
If you want to avoid removal or if a family member is detained for removal, don’t delay. Please contact our firm right away at (602) 910-4040 for a free initial consultation to begin planning your deportation defense strategy.