Being a resident or even just being in the US is an exciting thing for someone who is from another country. America is a fast pace country with a lot going on at all times, often people get into trouble or make mistakes and this can throw their whole life into a tailspin.
There are many different reasons why one can be deported as seen here http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html but most commonly deportation happens when one commits a crime.
Aggravated Felonies are deportable offenses in the US.
Common aggravated felonies include:
- Theft of any amount
- Any crime of violence
- Pimping Pandering or Operating a Prostitution Business
- Selling Vehicles in Altered VINs
- Child Porn
- Controlled Substances
- Moral Turpitude offenses
If one is convicted of a felony it is likely they may face deportation proceedings. There are multiple other crimes that can trigger deportation proceedings as well. This situation also depends on whether or not someone did 365 days in jail or more, whether or not they went to prison and whether or not their case has been expunged.
Generally when one is booked into jail the USCIS will put a “hold” on them or they will be “notified” when this person leaves the jail. They then have time to be able to work on their case and any time after the release or during the release they can start the removal proceedings. If the individual is brought directly from the jail to an immigration holding facility then they will likely not have a chance to bond out. If they are taken in after they are released from state or federal jail then they will have an opportunity to bond out.
Deportation proceedings happen as follows, if they initiate proceedings against you they will either send you a notice in the mail or pick you up at your residence or place of employment. Generally it starts with a master calendar hearing and later, if needed, there can be a merit calendar hearing, these are both opportunities for your attorney to meet with the judge and discuss the proceedings.
What types of things do they look at in a deportation hearing?
Common issues that these immigration judges will look at in removal proceedings can be:
- Whether or not you are married?
- Being married shows ties to the United States, it shows that you have a family and deep-rooted connections in the US.
- Whether or not you have children?
- Again, having children shows your connection to the US and it shows a judge that it may be a hardship on your child if you are deported.
- The nature of the crime
- Some crimes are more serious than others when it comes to immigration law. It is important to have a skilled attorney handle both the entire process to make sure you are taken care of.
- What is your current status in the US?
- Undocumented individuals may be treated differently than people who have had resident cards for multiple years. A skilled immigration attorney can also look into your familial history and see if you may actually be a citizen by default.
If your parents are citizens, and they were citizens before you were of the age of 18 that creates an additional layer of arguments. If you became a resident before the age of 18 then that creates another layer of arguments. Just because removal proceedings have been initiated against you doesn’t mean that there is no way to fight this. This is your life and your life is worth fighting for.
SD Immigration Lawyers – Have Trial Lawyers on Your Team
Deportation is very serious and not to be taken lightly. When you are facing these consequences you want only the best and brightest on your side. SD Immigration Lawyers has attorneys with years of experience in the courtroom. Attorneys who have battled the most serious cases in both state and federal courts. Our managing partners have both been named Top 100 Trial Lawyers in America and this is just one of many awards. You need someone with experience on your side.