If you or someone you know is facing deportation, you need the support of a dedicated, experienced legal team who can handle your case as well as any appeals or motions that may be necessary. Our deportation defense lawyers know exactly how to approach difficult deportation cases. We work hard to pursue dismissal of the proceedings, cancellation of removal, adjustment of status, asylum, or other forms of legal relief.
What Is Deportation?
Deportation occurs when the U.S. government determines that a foreign person should no longer be in the United States and legally removes that person from the country. Before 2002, the agency charged with overseeing immigration issues was called the Immigration and Naturalization Service (INS). In September of 2002, Congress passed the Homeland Security Act, which transferred the powers of the INS to the Department of Homeland Security. The former immigration functions of the INS now fall under the Bureau of Citizenship and Immigration Services (BCIS). When deportation becomes a threat in Albuquerque, NM, it is imperative to seek out a deportation attorney.
Exclusion Vs. Deportation
Exclusion is what can be determined when a foreign individual is seeking entry into the United States. When you are attempting to get a green card, a visa, or even just cross the border, you could be excluded from consideration. Once the United States has determined that you should be excluded from entry, you cannot attempt to re-enter the country for at least one year. It is a felony offense, if you do. You also must receive permission from the BCIS before re-entry.
A foreign person who is already in the United States is subject to removal or deportation. A person who is here illegally can be deported and so can a person with a valid visa or green card. If you’ve been deported, you cannot gain re-entry into the U.S. for at least five years. It is a felony to re-enter before then, and you must receive permission from the BCIS to re-enter. It is paramount to speak to a deportation lawyer as soon as you realize that deportation is a possibility for you in Albuquerque, NM.
Causes Of Deportation And Exclusion
Since staying in the United States is a privilege for non-citizens, the U.S. government can force an individual to return to his or her home country for any of the following reasons:
- Narcotics related crimes
- A conviction of murder, trafficking of firearms, money laundering, or a violent crime that carries a sentence of five or more years in prison.
Attempt or conspiracy to commit any of these crimes is also grounds for deportation.
If you have been served with an order for deportation proceedings, it is possible that you still may be able to stay in the United States. There a few ways you can seek relief from deportation in Albuquerque, New Mexico with the help of an experienced deportation attorney. Most methods for relief from deportation include suspending deportation. In order to suspend deportation, the alien must prove that they have been continuously present in the United States for at least seven years and that they are of good moral character.
The alien must show, in order to stop a deportation, that if deported, it would cause extreme hardship on the alien or their family. With the assistance of an Albuquerque deportation lawyer, asylum may be granted to qualifying individuals who can prove that they have been persecuted or that they fear future persecution in their home country because of their:
- Political beliefs
- Involvement in a certain social group
No matter what scenario you face, we will stand with you and fight to keep your family together.
Call today to talk with one of our experienced immigration attorneys about your options.