Facing deportation? You’re sure to have questions. We compiled a list below to help you, should you need more information about the removal process.
Why Does the U.S. Detain Immigrants?
Immigrants might get detained by Immigration and Customs Enforcement (ICE) while awaiting their immigration proceedings. Governments categorize detainees as “flight risks” who could flee to another state in the U.S. or pose a threat to public safety. By doing this, they can make sure immigrants appear before the Immigration Court. We strongly advise you to retain the services of a Los Angeles deportation and removal lawyer immediately. Depending on your case, we may be able to find a way to keep you in the U.S.
Who Gets Considered for Deportation?
Those with outstanding removal orders that arrived in the country illegally, committed a crime, or living on an expired visa are all deplorable. Even permanent residents or visa holders face the same reality for leaving the U.S. for an extended period. For green card holders to maintain their status, they can only spend 180 days abroad.
The government takes crimes seriously, and criminal offenses are the fastest way to losing your chance at citizenship. Fraud and immigrant smuggling are two examples that can get you deported. We understand the urgency of coming to the U.S. to evade hardships, danger and start a new life. Instead of taking matters into your hands, rely on our immigration law office in Los Angeles.
What Are “Deportable Crimes”?
There are a plethora of crimes that can get you deported. In Immigration Court, the legal term for them are crimes of moral turpitude and aggravated felonies. Read on for a list of them:
Sexual abuse or rape
Selling or trafficking drugs or firearms
Fraud, tax evasion, or money laundering over $10,000
Smuggling undocumented persons (strangers or family)
Illegally re-entering the U.S. after getting deported on felonies.
Any violent crime that ends in a jail sentence for up to a year
What Can I Do to Stop Deportation?
Cancellation of removal is the only defense against deportation. Because this is crucial for your case, you should retain the best deportation defense attorney to guide you. If you haven’t appeared before an Immigration Judge, you have the chance to apply. However, lawful permanent residents (LPR) and non-LPR’s must meet the criteria. LPR requirements:
An LPR for at least 5+ years
Reside in the U.S. for at least 7+ years after arriving.
Not have any criminal convictions or felonies on record.
A non-LPR for 10+ years in the U.S.
Be able to show good moral character
Prove getting deported would cause extreme hardship on you or your family living in the U.S.
What Do I Do If ICE Comes to My House?
If ICE shows up, you are not legally obligated to open the door without seeing an official search warrant (issued by a judge). The government agency is known for bending the rules, but the Bill of Rights protects you from unlawful acts. You are protected against unlawful search and seizure unless the offers have a warrant signed by a judge, and if they do, ask them to slide it under the door so you can take a look without letting them in your house.
Can I Plead the Fifth if I Get Detained by ICE?
According to a deportation and removal attorney, you should plead the fifth and contact a lawyer immediately if you get detained.
The Fifth Amendment allows anyone in the U.S. to remain silent when questioned by law enforcement. Anything you say can and will get used against you.
Who Qualifies for Mandatory Detention and Is There a Chance for Release?
Mandatory detention depends on your immigration status and whether you got convicted for a crime like using firearms or failing to renew your visa. As of 2021, immigrants charged with crimes are no longer eligible for bonds or hearings.
However, detained foreign nationals without criminal convictions have a chance to get released on “humanitarian parole” while their case is getting reviewed. That is a rare occurrence and granted when the government believes their release would benefit the public.
What Should I Do If I’m Getting Deported?
At the moment, it might seem impossible to avoid deportation. Hiring the best immigration lawyer in Los Angeles who knows the ins and outs of removal proceedings can help significantly. Whether you’re an immigrant that needs post-conviction relief or need to postpone deportation to plan for your kids, we can help.
At The Law Offices of Todd Becraft, our immigration attorneys recognize how overwhelming immigration processes can be. If you have a legal concern, call 213-388-1821 or email firstname.lastname@example.org to schedule a consultation!