Deportation and Removal Defense
Orlando Deportation and Removal Defense
Being deported can make it next to impossible to return to the United States. If you are facing deportation you need to consult with an experienced deportation defense attorney immediately. In a deportation case, time is not on your side.
Deportation is the formal removal of an alien from the United States. It occurs when the alien has been adjudicated to have violated the nation’s immigration laws. Orlando Immigration Attorney Zaida Kovacsik has successfully protected clients in deportation and removal proceedings and can assist you in this process.
Notice to Appear
Removal proceedings begin with the issuance of a Notice to Appear (NTA) and are a serious matter. Once the removal process begins, an immigration court within the U.S. Justice Department hears the case. If the immigration judge rules that the alien should be deported to their home country, the Immigration and Customs Enforcement (ICE) carry out the order.
Deportable violations are listed in the Immigration and Nationality Act and include aggravated felonies such as rape, murder, and drug trafficking. Aliens can also be deported for “crimes of moral turpitude” in some cases. There are many different crimes that can be considered a crime of moral turpitude, but perhaps the most common are fraud, larceny, theft, and other crimes that involve a high level of dishonesty.
Removal can be prevented in certain situations. For example, one method for avoiding deportation is a cancellation of removal.
Cancellation of Removal
A person can be deported for committing a variety of different drug offenses. However, even though someone may have committed a drug offense it’s possible that they can avoid deportation by receiving a pardon, also known as a Cancellation of Removal for Certain Permanent Residents. Whether or not the individual is granted this pardon will depend on the crime or act that was committed and on how long the individual has lived in the United States as a lawful permanent resident.
A Cancellation of Removal for Certain Permanent Residents is generally available to aliens who meet the following criteria:
- The alien was lawfully admitted as a permanent resident for at least five years
- The alien has continuously lived in the United States for at least seven years since admission; and
- The alien has not been convicted of an aggravated felony
If you are already in deportation proceedings and have been in the U.S. for over 10 years, you may be eligible for another form of Cancellation of Removal for non-Lawful Permanent Residents.
If you have received a Notice to Appear or are already involved in deportation proceedings, it is important that you contact an attorney immediately to protect your interests. Experienced Orlando Immigration Attorney Zaida Kovacsik has protected clients in deportation and removal proceedings and can assist you in this process.
Persons are detained for a variety of reasons. Many individuals in removal proceedings are eligible to apply for bond before the Immigration Court. Recognizing that each judge is different, you want to prepare an application for
There are other applications that can be filed with the Citizenship and Immigration Services USCIS while you are in removal proceedings before the Immigration Judge. For example, applications for family-based petitions, Special Immigrant Juveniles, battered spouses and children under the Violence Against Women’s Act (VAWA), and employment-based petitions are adjudicated by USCIS. If one of those applications is approved by USCIS proceedings are usually terminated before the Immigration Court to allow the person to apply for adjustment of status with USCIS. However, sometimes those cases will remain before the Immigration Court, most commonly when the applicant has a criminal history or otherwise requires a waiver. Attorney Zaida Kovacsik can guide you through this complex maze to help your case reach a successful conclusion.