The path to United States citizenship often involves a long journey with many twists and turns along the way. Even with the proper documentation, you may find yourself face to face with unexpected obstacles. This can be especially true for people with criminal records for minor offenses. Even government mistakes can potentially jeopardize the livelihood of immigrants.
Deportation is a word that strikes fear in the hearts of many who come to this country with a dream. No one should have to face this situation alone. That’s why you need a knowledgeable immigration attorney from our law firm to aid in your defense. We have years of experience and thoroughly understand how the legal system works.
Arguing a case
Immigrants without documentation are arguably the most at risk for removal from the country. However, if you do not have the proper documentation, you must be deemed removable by government authorities before they can deport you. If you have not committed a crime, you have a much better chance for relief than someone who has done so. However, no matter what your immigration status is, the government must supply enough evidence against you to make their case. This gives you the opportunity to argue that you or a family member qualify for relief.
Unanswered questions are the last thing you need if a life-changing verdict hangs over you. You can request to apply for relief as an undocumented or documented immigrant for a number of reasons, including but not limited to:
- Adjustment of status – Applying for a green card through a sponsoring family member
- Protection under CAT (Convention Against Torture) – Like asylum, this request means that more likely than not, you may be in danger of torture upon deportation from the U.S.
- Protection under Violence Against Women Act – If a female applicant who is in good standing with the law has been in the country for 3 years and has a credible history of physical harm, they may request relief under VAWA.
- Voluntary Departure – Choosing to leave the U.S. without incurring a mark against their immigration record. This may keep the pathway to legal immigration in the future open.
- Deferred action – Requesting to have the government put your case on hold.
Exercise your rights
The United States government is obligated to provide immigrants with the right to an attorney. It’s important that you are aware of that right, should you find yourself in a situation where deportation is a possibility. If you are detained or put before a judge, you need legal help. You need Chad Jones Law.
If you feel like this might be a possibility for you, contact us immediately. Don’t delay, and don’t let anything prevent you from taking advantage of your rights. Contact us today. Our bilingual staff is ready to provide you with a free, confidential consultation to help you stay where you belong.
Everyone in America – citizen and non-citizen alike – has the right to due process of law. Taking advantage of that right is key. Like U.S. citizens, immigrants can be arrested for many things. However, even a traffic violation or wrongful accusation can make a dramatic difference for people with immigration-related legal issues.
Our legal immigration attorneys can help. The government often fails to recognize the hardships immigrants face and the contributions they make to society. That’s why representing the immigrant population and the millions of people who make it up is so important.
Making and keeping court dates is an essential part of deportation defense. By showing up to court, it demonstrates you keep your word and have good moral character. You’re entitled to the presence and defense of an attorney in court. Immigrants who have attorneys at their hearings often have a much better chance than those who don’t have a lawyer. For example, when an immigration judge at a hearing asks for defense, they can request relief with the knowledge that they qualify for a status like asylum, or can be sponsored by a citizen relative.
There’s no single way to know how many court hearings it will take for a specific case to be deemed finished. Cases vary in complexity and can take months or years to resolve, and there often aren’t enough dedicated immigration attorneys willing to go the extra mile. Language barriers, location (immigrant cases in small cities generally have less representation) and the fear that accompanies the threat of deportation can all be factors in how the case proceeds.
If deportation is something that you or a loved one may face, contact us. Don’t worry about language barriers; our bilingual staff is here to help you. Fill out our contact form, or call today to have a safe, private and free case consultation. This is about your future – don’t delay!
Before going to court, anyone at risk of deportation should do everything they can to try and remedy their situation. Even if a case results in a “final” decision, a “petition for review” can be filed to request a review of a case when all other avenues of appeal have been exhausted.
An immigration attorney’s presence is vital for this proceeding. We can help walk you or a loved one through this process, step by step. Strict guidelines must be followed. Some of the requirements include:
- Filing a petition must happen within 30 days of receiving a final decision. If your petition is received after 30 days, it will be dismissed. This is a strict deadline with no extensions allowed.
- The petition must be filed in the same court of appeals that gave the original removal hearing, or where the final decision was made.
- The petition must be served to the Attorney General and the officer in charge of U.S. Immigration and Customs Enforcement (ICE) in the district where the final decision was delivered.
Some documents in the immigration process can be extremely long and complicated. Thankfully, a petition is rather short and to the point. However, going through the judicial system to obtain the necessary documents can be complicated without the aid of an attorney. Here are some things you will need to file a petition:
- The name of everyone participating in the petition, such as family members or spouses.
- A copy of the final court decision.
- If applicable, a statement from any court that can confirm the validity of a final decision, with a note as to which court issued it, the date and the decision.
Even if you or a loved one is filing for a petition, there is no guarantee of an automatic stay. A lawyer can help file for a motion to stay, which will (if granted) help you or a loved one remain in the country while your proceedings go through the legal system. If you can demonstrate that your family will experience severe hardship, or if their safety will be in jeopardy upon deportation, your petition may be looked at in a more positive light.
The court system isn’t set up to favor immigrants. That’s why our dedicated deportation defense attorneys have pledged themselves to your cause. We’re ready to fight for you, your loved ones, and your family’s rights to stay together.
Americans believe in second chances. The same is true when it comes to appealing a denied immigration application. If a final decision has been given regarding deportation, that does not always mean there is no way to challenge it. Often, you can file an appeal and request to have your decision reviewed by a higher authority. An immigration appeal can be filed for review as soon as you receive your denial letter. However, your denial letter will not include any instructions on how to file an appeal.
Appealing a denied immigration application can be a complicated process. That’s why it’s important to have an experienced legal immigration attorney on your side who understands how the system works in Texas.
How do I file an immigration appeal?
Your appeal will first be sent to the officer who oversaw your case. It will then be determined whether or not your appeal has sufficient grounds to be filed and moved into the next stage of the appeals process, which is usually reviewed by the Board of Immigration Appeals. However, filing does not extend your stay in the United States, especially if you have a set departure date. To delay your departure, you will need to file a motion of stay and fill out form I-290B. Other forms may be needed on a case-by-case basis. If you need to submit another form, your denial letter should give you an overview. In addition to the I-290B form, you will need to explain in writing why you think the court’s decision was unjust. This written document is known as a brief. The appeal process normally takes 6 months. This process can include:
Motion to Reopen
A motion to reopen is largely based on evidence that can contribute to the applicant’s case, such as a new discovery in a criminal case. A lawyer can and will help you fight for a review of the court’s decision. It’s your right to do so.
Motion to Reconsider
If evidence has been submitted to the court that has resulted in an incorrect final deportation decision, you may file for a motion to reconsider. You must include a brief explaining why the decision was incorrect, which can be done with the same form as an appeal: I-290B. Any motion or appeal must be filed within 30 days of the final decision or it will be denied.
Detention is never a pleasant word. In the context of immigration, it refers to being held by the authorities. This shouldn’t happen, but it can for many reasons. Detention isn’t a permanent state, and it can be lifted by a bond—a sum of money agreed upon to secure someone’s release from custody, something like a loan.
There are a few different types of immigration bonds. They include:
If issued an arrest warrant, someone in detention may be eligible for a delivery bond. This type of bond allows money to be posted for their release, under the condition that they appear in court. Since it’s harder to talk to a lawyer from inside detention, it’s best to seek legal advice right away. When the court date is met and the person shows up, the bond amount is returned. If not, there’s no way of getting the money back.
Voluntary Departure Bonds
These bonds become available if an immigration judge has given voluntary departure as their final decision. Departure in this case will not be forced. Instead, the immigrant in question must voluntarily leave the country by a specific date. Voluntary departure means that no immigration record will have a permanent smear on it and legal entry into the country will still be available. Like the delivery bond, money is posted as a promise that the person will leave the country in the allotted time frame.
In the case of all bonds, the money posted will be returned if the detainee attends all their court dates and keeps themselves in good standing with the law. Either the person in detention can post a bond, or someone outside the system, like a friend or a family member.
Bonds are typically paid to U.S. Immigration and Customs Enforcement (ICE), with the amount set by the Department of Homeland Security and Immigration Customs Enforcement. This amount is usually determined by how long someone has been in the United States, if they have any relatives in the United States, crimes committed and their employment record. If the bond amount proves to be a hardship, the person in question may be able to request a hearing with an immigration judge to lower the amount.
Another financial option is to use an immigration bond agent. Whether or not collateral or a co-signer is needed can depend on the provider. Since bonds are a monetary contract between the lender (the person who posted the bond) and the person in detention, it’s best to get someone involved who understands the process. That’s why we encourage you to contact us right away.
Anyone can be charged with a crime, regardless of citizenship status. However, unlike U.S. citizens, a criminal record can put immigrants at high risk for deportation. Even a minor traffic violation can have severe consequences. More serious criminal charges that can affect someone’s immigration status include:
An aggravated felony is a more severe crime than a misdemeanor and often involves more violent crimes. Such charges include:
- Rape or sexual abuse
- Filing a false tax return or fraud
- Trafficking or dealing with illegal firearms
Being convicted of such charges can result in immediate deportation, without an opportunity to return to the United States. Other crimes that could render one inadmissible to the U.S. include terrorist activity, child abuse and human trafficking. However, in certain circumstances, a defendant may be able to stay in the United States if they can prove their life will be in danger if they are returned to their country of origin.
Crimes of Moral Turpitude
Unlike an aggravated felony, these crimes violate the moral standards of the community and can serve as evidence that an immigrant does not have good moral standing that complies with the values of the United States. They can constitute deportable status (in which case, deportation defense would be the next step) if they are committed within 5 years of entry into the U.S., or if two or more crimes have been committed. Such charges include:
- An Intent to Harm Property or Persons
- Sexual Violence
- Involuntary Manslaughter
- Driving Under the Influence
- Domestic Violence
In certain circumstances, crimes of moral turpitude may be downgraded to a petty offense. For instance, you may be able to pursue a waiver if the offense in question would not result in more than one year in prison, or if any time served was less than half a year. Legal forgiveness in the form of a waiver is also available if the defendant doesn’t constitute a threat to national security.
An immigration lawyer can help you every step of the way if you have been charged with a crime. Contact us online or call us today to get the justice you deserve. It all starts with a free, private consultation about your individual case and your rights.