How Do I Know If I Am In Danger Of Being Deported?
Without consulting with an experienced attorney, there is no way to know for certain whether or not you are in danger of being deported. If you are in this situation, we can help you by reviewing your immigration documents and entry records in order to determine your status. From there, we’d be able to develop a game plan. You may end up in an affirmative situation where you can petition to change your status, or we may have to defend against some government action, such as deportation.
What Are Common Grounds For Deportation Or Removal?
The common grounds that the government can bring to start an action of deportation divide into two categories: criminal conduct and non-criminal conduct. An example of criminal conduct would be aggravated felonies, which are enumerated in the statutes and can be tricky to determine. Other crimes that can trigger deportation would be controlled substance convictions, firearm convictions, domestic violence convictions and crimes involving moral turpitude. Moral turpitude has a definition that has been expanded upon in case law, so we’re able to look at the facts of a case and determine whether or not it qualifies at moral turpitude. Non-criminal conduct includes overstaying a visa, illegally entering the United States, failing to report to immigration records or failing to keep records up-to-date.
What Happens When Someone Is In The Process Of Being Deported Or Removed?
When someone is in the process of being deported or removed, they will first receive a notice to appear. A notice to appear is the charging document issued by the government and indicates why the government is bringing the deportation action against them. At that point, the individual has to either respond through defenses or respond affirmatively through some sort of petition.
What Happens At a Bond Hearing?
At a bond hearing, a defendant is held in custody and informed that deportation proceedings have begun. We can file a motion to establish a bond for immigration purposes in order to get that person released pending the deportation procedure. In filing our motion, we will include evidence such as letters and pay stubs. We can also present witnesses. Ultimately, we’re trying to show that the defendant has ties to the community and to the country. Whether or not a person will be granted bond is up to the judge’s discretion. However, the judge will not have discretion to give bond if the person has certain criminal convictions, such as drug possession or sale, crimes of violence, crimes of fraud, or illegal entrance into the U.S.
For more information on Danger Of Deportation From The US, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.
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