Learning that the Department of Homeland Security initiated the process of removing you from the United States or revoking your immigration status is a uniquely stressful experience. Even if you have substantial evidence to fight the case against you, effectively compiling and presenting that information in court can require significant tactical expertise.
Fortunately, a Birmingham deportation defense lawyer could provide legal advice while guiding you and your family through every stage of this complex process. A seasoned immigration attorney could be the difference between being forced to leave the U.S. and maintaining your current life plans.
Why Would Someone Face Deportation?
Depending on the circumstances, an immigrant could face deportation proceedings based on anything from a procedural error to a violation of U.S. state or federal law. In the latter case, 8 U.S.C. §1227—sometimes referred to as the Immigration and Nationality Act §237(a)—provides a comprehensive list of felonious criminal offenses and “crimes of moral turpitude” that could subject a person with legal permanent residency (LPR status) to removal from the country.
Similarly, it is illegal for individuals with LPR status or people with lawful nonimmigrant status to fail to notify U.S. Citizenship & Immigration Services (USCIS) of an address change. Nonimmigrants also generally have various conditions on their presence in the country, and violating any of them, especially overstaying the expiration date for their short-term visa, could make them subject to removal.
Finally, it is worth noting that overreliance on public assistance like food stamps or unemployment benefits can serve as grounds for deportation if it occurs within five years of entry and does not stem from circumstances that only arose since the visa recipient’s arrival.
A diligent attorney in Birmingham could determine exactly why an immigrant faces deportation and outline the stakes transparently.
Options for Contesting Removal Proceedings in Birmingham
Deportation proceedings do not work the same way as criminal trials, and individuals subject to the former do not have the same rights offered to U.S. citizens. Therefore, the appropriate defense strategy for deportation can vary substantially from typical legal tactics, often focusing on proving that the individual subject to removal is eligible for adjustment of status rather than specifically contesting the grounds for extradition presented by Immigration and Customs Enforcement (ICE).
For example, any person with LPR status who is directly related to a U.S. citizen may be eligible for a family-based immigration permit, which could potentially help them avoid removal due to a violation of a nonimmigrant visa. Alternatively, anyone with a reasonable fear of persecution in their country of origin may be eligible for U.S. asylum. Regardless of the circumstances, the best first step to constructing a compelling deportation defense strategy is contacting an experienced lawyer in Birmingham.
Call a Birmingham Deportation Defense Attorney Today
Fighting back against ICE removal procedures is rarely a straightforward task, especially if you are unsure why the agency decided to pursue deportation. Fortunately, retaining skilled legal counsel could protect your rights in the short term and prevent future removal proceedings.
A tenacious Birmingham deportation defense lawyer could provide the steadfast support and guidance that you and your loved ones need. Reach out today to schedule your private consultation.
