A non-citizen arrested for various crimes, including immigration offenses, in the United States may be subject to deportation ("removal") as a result. Following deportation, the person is generally banned from returning to the country, even to visit. Deportation proceedings are handled by U.S. Customs and Immigration Enforcement (ICE).
If you or a loved one are being threatened with deportation, it is important that you or your family contact an experienced, knowledgeable immigration defense attorney immediately. The lawyer can provide invaluable assistance in a number of ways.
For example, ICE can issue an immigration detainer requiring a non-citizen who has been arrested to be held in jail for up to 48 hours (not including weekends or holidays). The detainer period is designed to give ICE agents time to question the individual and determine whether he or she should be deported. The clock on the detainer period does not start to run until the time at which the non-citizen would otherwise be entitled to release, by posting bond or otherwise. That means authorities often hold foreign nationals for much longer than two days, sometimes by refusing to accept a bond payment. Fortunately, a competent immigration lawyer can seek to free a detained person by filing a "habeas corpus" motion in court.
Alternatively, ICE may notice that a non-citizen has been arrested during a background check when the individual goes to renew his or her green card. In other situations, ICE officers may visit a business or other workplace and demand to see proper immigration paperwork, such as a visa or green card.
The non-citizen or his or her family should contact an immigration lawyer as soon as possible under either scenario. Better yet, consult an attorney before either situation occurs. The lawyer can not only argue on a person's behalf in defense of deportation, but can also proactively defend against deportation by assisting a foreign national in obtaining authorization to work in the United States.
At Attorney Spiros Stavros Nicolet, our attorneys specialize in a number of immigration and deportation issues, including:
- Immigration Defense, Relief from Deportation, Waivers: A judge or the Justice Department may decide to cancel deportation proceedings based on factors such as long-term residence or conviction for a non-felony.
- Voluntary Departure: Allows a person who is subject to deportation to leave the country voluntarily while keeping open the possibility of return after 10 years.
- Asylum: Available for a foreign national who would be subjected to persecution due to race, nationality, religion, membership in a particular social group or political opinion in the country to which he is to be deported.
- Withholding of Removal: Similar to asylum, withholding happens where there is a "clear probability" that the non-citizen's life or freedom would be threatened if deported.
- Registry: A foreign national who has continuously resided in the U.S. since the registry date (January 1, 1972) can become a permanent citizen.
- Temporary Protected Status: Available to a non-citizen whose country of nationality is under extraordinary and temporary conditions, such as armed conflict or natural disaster.
- Waiver of Criminal Conviction & Adjustment of Status to LPR: Allows a person convicted of a crime to seek permanent resident status.
- Inadmissibility: The grounds on which a foreign national may be denied entrance to the U.S.
- Deportability: The grounds on which a non-citizen may be deported.
Our immigration and naturalization lawyers help clients navigate the immigration process from start to finish. We provide aggressive and effective representation and seek to achieve the best outcome for each client. Please contact us online or call 773-562-6884 to schedule an appointment for a free consultation.