Last Updated on: 1st September 2023, 12:35 am
Deportation in the United States is a process that involves removing an immigrant from the country that does not have citizenship. The deported immigrant is then returned to their country of origin. Going through the process of deportation is grueling and has become more complex in recent years as a result of changes to immigration laws.
If you have received a deportation order, contacting a Philadelphia criminal deportation lawyer is in your best interest. It may result in either a delay in the process or the reversal of the order.
Legal Considerations
When an immigrant to the United States is facing deportation, it is because they are believed to have violated immigration or criminal laws. When this charge is levied against an immigrant, they have the legal right to contest the charges in an effort to prevent their removal from the United States by the federal government. Contesting the charges often involves proving that the order of deportation is considered unconstitutional.
A Philadelphia criminal deportation lawyer can work on behalf of an immigrant facing deportation to obtain evidence and documents that support the case. The lawyer can submit those documents in court so that a decision can be made by a judge. In the event that the decision is not favorable, the lawyer can submit an appeal to the Board of Immigration Appeals. Depending on the facts of the case, there may be other legal recourses that can be considered during the appeals process.
Process of Deportation
When a person is facing deportation, they will receive a Notice to Appear from the United States Immigration and Customs Enforcement agency. This notice will provide identifying information about the immigrant and communicate the reason for the deportation order. Subsequently, an initial hearing is held and the judge makes a determination based on the details of the Notice to Appear.
If it is determined that an immigrant qualifies for relief from the order of deportation, an additional trial will be held. If the immigrant does not qualify, the deportation order is then finalized. There are some instances when the deportation order is completed at a later date. When a relief trial is held, witnesses can testify on behalf of the immigrant. The judge has the authority to reverse the deportation order based on the events of the relief trial. There is a 30-day window to appeal a decision once deportation orders are issued.
Value of Legal Counsel
When facing deportation, an experienced Philadelphia criminal deportation lawyer should be contacted immediately upon receipt of a Notice to Appear from the United States Immigration and Customs Enforcement agency. Once an immigrant has been deported, they will be permanently removed from the United States and prohibited from reentering. If deported, you will not be able to re-enter the country for any reason, not even on a visitor’s visa.
For many immigrants, being returned to their country of origin means they will be separated from family. In some instances, the places to which they return are considered unsafe. As a result, it is not prudent for family members to visit, which can be devastating, especially when children are involved and they are unable to visit a parent that has been deported.
With the help of a Philadelphia criminal deportation lawyer, you’ll have someone on your side that can develop a plan to fight your deportation order. A good legal strategy can delay the process as the lawyer pursues every possible legal right on your behalf. Receiving a deportation order can be overwhelming and you need a knowledgeable attorney in your corner to deal with this difficult matter.