To see a friend, family member, or even a co-worker that the U.S. Border Patrol has detained can be heartbreaking. It can be a harrowing experience to witness them held for days. If you or a loved one is facing this situation, it’s best to consult with a deportation lawyer in San Antonio Texas.
What could be the verdict, and will they be removed from the country? It’s not justifiable for those involved to stand by and accept removal without a fight. But first, you must know what deportation is all about.
What Is Deportation?
Deportation is when the U.S. Government orders a noncitizen to leave the country. It happens to those who have violated immigration laws or overstayed their immigrant or Temporary Visas.
This removal does not happen out of the blue. Specific reasons and processes are involved, and individuals facing deportation have certain rights. They may have the opportunity to present their case before an immigration court. It is where they can provide evidence and argue for their circumstances. They may also request relief from being deported.
Deportation is a complex and often emotional issue, as it can impact families, communities, and individuals’ lives. It’s crucial to approach these discussions with empathy and understanding, recognizing that it involves real people with unique stories and circumstances.
Sent Back To Your Country Of Origin
Imagine being separated from your spouse, children, or parents. You’re also letting go of a job, home, and community you’ve become a part of. Starting over when you return to your home country can be incredibly challenging.
Also, being removed from the U.S. often leads to feelings of isolation, anxiety, and depression. As you’re taken from your familiar surroundings to face an uncertain future, it takes a toll on your mental well-being.
Other challenges can cause an additional emotional toll. You may need a proper support system since you left your family in the United States. Or you lack resources since you already sold your property before immigrating.
In this situation, severe economic consequences face you. You may find it difficult to find work in your home country since you were out of the mainstream for a while. It can impact your financial well-being, especially if you have children to take care of in the United States.
Finally, the stigma associated with being sent back can be demoralizing. Many may view you negatively for being forced back to your home country. It often leads to feelings of guilt and loneliness.
Imminent removal from the U.S. should not be taken lightly. It affects individuals with hopes, dreams, and aspirations, so empathizing with them is necessary. Further, understanding them addresses the significant and long-lasting adverse effects on them and their communities. It’s also crucial that they know how removal proceedings work.
How Do Removal Proceedings Work?
If you face deportation, it does not mean your automatic removal from the United States. Immigration and Customs Enforcement (ICE) officials have strict procedures to follow. There are primarily two forms of removal proceedings that individuals may go through. These are known as Regular Removal Proceedings and Expedited Removal.
What Regular Removal Involves
Regular Removal Proceedings follow a more formal and lengthy process. It applies to individuals apprehended within the United States and violated immigration laws. They may also have remained beyond their authorized period of stay.
In these cases, the U.S. Department of Homeland Security (DHS) issues you a Notice to Appear (NTA). It outlines the charges against you and provides the date and location for your hearing before an immigration judge.
The immigration court process then begins, where the individual has the opportunity to present their case, often with the assistance of an attorney. They can provide evidence, witnesses, and arguments to support their claim for relief from deportation.
The immigration judge will evaluate the case’s merits and consider any applicable immigration laws. They will decide whether the individual should get relief or go through removal from the United States.
What Is Expedited Removal?
Expedited Removal is a more streamlined process typically applied to individuals apprehended at the border or ports of entry without proper documentation. Customs and Border Protection (CBP) officers can remove them immediately without a hearing before an immigration judge.
The only situation to consider an individual for a lawful stay is when the individual expresses a fear of persecution or seeks asylum. If a person claims fear of persecution or intends to seek asylum, they may qualify for a credible fear interview.
When an asylum officer establishes what they say is true, the individual may be allowed to pursue their asylum claim through regular removal proceedings. You will have to leave the country if a judge orders your removal from the United States after the proceedings are complete.
You must hire an attorney to help secure your stay in the country and grant you asylum or refugee status. Whether it’s an arrest at a port of entry or a deportation-related NTA, removal defense attorneys at Lozano Law Firm can assist you with each step.
What Are Your Rights During An ICE Arrest?
Immigrants have legal rights in the United States, and deportation defense lawyers at Lozano Law Firm will do their best to protect them. However, if ICE knocks on your door or you get arrested, follow these simple steps.
- You can politely decline to let an ICE agent into your home unless they have a warrant.
- Avoid lying to the authorities, evading, or resisting arrest.
- You are not required to hand over your Visa or passport to authorities, who must not ask for it.
- Until you have your removal defense attorney with you, remain silent.
- Do not sign ICE or the police’s documents until your lawyer reviews them.
- Remember, you have rights that protect you against unlawful searches and seizures.
How Long Can The Police Detain An Immigrant?
The police or immigration authorities must not detain an immigrant indefinitely without justification. Everyone, regardless of their immigration status, has certain rights, including protection against arbitrary detention.
Someone may get arrested for immigration violations, such as being undocumented or overstaying their Visa. They may be held temporarily by the police or immigration authorities. The duration of this detention can vary depending on various factors. These include the individual’s specific circumstances and the reason for their arrest. Other factors play into the detention.
- Criminal records.
- Fraudulent documents and information.
- A threat to national security.
- Get arrested despite being innocent.
Upon arrest, the authorities will schedule a bond hearing. The judge will decide if you should remain free during your deportation hearings. Or they can put you in the immigration detention center and wait until they reach a decision. You can file an appeal against the latter with the help of a deportation lawyer.
What Can You Do While Waiting For The Appeal Results?
Waiting can be nerve-wracking for anyone facing removal from the United States. While you’re getting your appeal, there are a few things you can do to make the most of the situation.
First, stay positive and take care of yourself. Being optimistic can help you cope with the uncertainty. It’s best not to jump to conclusions while the proceedings are still ongoing. You may do activities that allow you to take your mind off things, such as being with your loved ones, caring for yourself, or picking up a new hobby.
Next, it’s essential to stay informed. Keep in touch with your lawyer for updates on your case and any new developments. They will be your primary source of information. You should also educate yourself about your rights and the legal options available.
While waiting, consider gathering supporting documents or evidence that can strengthen your case. Identify and contact witnesses who can testify on your behalf. You can also collect documents that support your claims. Building a solid defense is the key, so work closely with your removal defense lawyer. It is to ensure you have everything you need to avoid removal.
Waiting for the results of a deportation proceeding can be challenging. However, staying optimistic, informed, and proactive can help you get through the process more effectively. With the help of your loved ones and a deportation lawyer, you are not alone in your struggles. But can you re-enter the United States after removal?
Is Re-Entry To The United States Possible After Deportation?
Deportation usually comes with a bar on re-entry. It means there’s a specified period during which you’re not allowed to return. Numerous factors are at play regarding the length of the bar, including the reason for deportation and any prior immigration violations.
The Permanent Unlawful Presence Ground of Inadmissibility could range from a few years to a permanent ban, known as an “indefinite bar.” The immigration laws and the circumstances of your case determine the specific details.
If you’ve been removed from the country and want to return, consult a deportation defense attorney. They can assess your situation and advise you on the best action. Your immigration lawyer can walk you through legal avenues to request a waiver or permission to re-enter.
Entry to the United States after being deported is complex. But you can do so legally and with professional guidance. Since every situation is unique, seeking personalized advice from an immigration attorney is crucial. It allows you to explore your options and understand the specific requirements and limitations that apply to you.
How Can A Deportation Lawyer In San Antonio Defend You?
Deportation defense attorneys in Texas have an in-depth understanding of the intricacies of immigration law. They keep up with the latest regulations and policies, ensuring they provide you with accurate advice tailored to your specific situation. A border immigration lawyer can analyze your case, identify potential defenses, and develop strategies to challenge removal orders.
It’s not just their legal knowledge and skills that make them invaluable. For example, San Antonio deportation defense lawyers offer personalized guidance that is both practical and compassionate. They’ll listen to your story, understand your unique circumstances, and fight for your rights. Whether it’s gathering evidence, preparing documents, or representing you in court, they will be by your side to support you.
- The lawyer will investigate the circumstances surrounding your arrest and detention.
- They evaluate both your immigration status and legal options.
- You can learn more about your legal rights.
- The deportation process will be more familiar to you, and you can create defense strategies.
- A deportation defense attorney presents your arguments to the judge and immigration authorities.
Texas deportation lawyers can also explore different legal avenues to help you stay in the United States. They can assist you in applying for asylum, pursuing cancellation of removal, and seeking waivers. They can also explore other forms of relief that align with your specific circumstances.
Their support goes beyond the courtroom. Deportation lawyers can connect you with resources and humanitarian organizations to provide counseling, language support, or community programs.
Remember, if you work with a deportation attorney hand in hand, you gain a powerful advocate committed to fighting for your rights. The lawyers at Lozano Law Firm can help better your chances of legally staying in the United States.
The Roles Of A San Antonio Deportation Attorney
ICE has the authority to detain and hold individuals throughout the removal process. While this power isn’t absolute, several circumstances surround detention. There are also instances where those facing deportation may not have the right to a hearing.
It’s ideal to look for a seasoned deportation attorney to help you with your case. They can assist you with the following aspects of deportation defense.
Provide Court Representation
When facing deportation in court, a deportation lawyer will represent you. They will protect your rights and argue to keep you and your family in the country. They may argue to terminate removal proceedings or to cancel removal for non-permanent residents.
They may also work on waivers or argue for deferred action for removal relief. Finally, they may reopen existing cases or have the court reconsider the removal order.
Help In Bond Hearings
Undocumented immigrants can post a bond for release from ICE detention. When working with an attorney, they can present an ideal case for a bond during your hearing. They will weigh the factors so that the court will determine the most suitable bond.
Petition For Review
The deportation attorney may help file for a petition to review the BIA’s decision. They do this in the U.S. Court of Appeals for the Fifth Circuit in Texas. This way, they can dispute an ICE removal order.
They may request the Fifth Circuit to review a BIA decision denying a particular motion. It may be a motion to reconsider, reopen, or asylum in an asylum-only case.
File Your Immigration Appeals
One can appeal with the BIA out of credible fear determinations and reasonable fear determinations. They can petition against deportation, bond hearings, and denial of citizenship. They can also appeal for reopening and reconsideration of previous decisions.
Aside from that, they can also argue for waivers, family-based immigration petitions, and DHS fines and penalties. An attorney handles appeals for individuals who have received unfavorable immigration decisions.
Seeking Legal Counsel For Deportation
Consulting with a deportation lawyer will involve confidentiality which means they can’t share your information with the ICE or law enforcement. That is why you need to find an attorney that you can trust.
If this is the case, you will require legal help. Seek the assistance of Lozano Law Firm. They can assist in handling deportation appeals anywhere in Texas, specifically in San Antonio, San Angelo, and Eagle Pass.
The immigration attorneys at Lozano Law Firm will fight for your right to stay in the United States. They will fight against deportation charges you’re facing and provide representation to bolster the chances of getting favorable results.
Why Should You Get Legal Help From Lozano Law Firm?
One of the first things to do is look for a lawyer if you are under arrest. Meanwhile, undocumented immigrants must be more proactive and weigh their options accordingly. If you’re in this situation, how would you seek help?
Lozano Law Firm defends immigrants against deportation and educates them about their rights. It also supports community members during difficult times. The lawyers understand the fears and anxieties they face when confronted with deportation.
The law firm assists immigrants by offering them legal options. They help build concrete strategies and plans. This way, they can assess their immigration options and know the practices to follow during an arrest. Building defenses, creating documents, and examining cases help protect one’s stay in the United States.
The firm’s founder Alfredo Lozano is a Board-Certified Specialist in Immigration and Nationality Law by the Texas Board of Legal Specialization. With Mr. Lozano as a principal attorney, the team will review your case and find the right solution with their skills and experience.
Further, they will deal with you compassionately, as they understand the hardships of deportation proceedings. They are ready to go the extra mile and visit your detention site to give you moral and legal support.
Can The Firm Serve In Your Place Of Detention?
Lozano Law Firm in San Antonio, TX, has attorneys traveling to Eagle Pass, San Angelo, and Laredo. They conduct their caseload primarily in the San Antonio immigration court. It covers all 78 counties of Central and South Texas. They also serve other cities in the area.
The attorneys will travel to meet the detainee and work quickly to secure a release. It’s best to contact Lozano Law Firm immediately if you, a loved one, or a colleague is facing deportation.
Helping you is regardless of whether you are out on bond or non-detained and already have a court date. The lawyers at Lozano Law Firm will stand true to their commitment to protecting your stay in the United States by fighting against deportation.
Deportation is the process of removing individuals who have violated immigration laws or overstayed in the United States. Regular removal proceedings involve a formal process with a hearing before an immigration judge. Meanwhile, expedited removal applies to individuals apprehended at the border without proper documentation.
Those arrested may face removal from the United States. Detention and deportation have emotional, economic, and social consequences on individuals and their families. Before that happens, talk to a deportation immigration lawyer about the options and strategies suitable for your case.
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