How Do I Know If I Am In Danger Of Being Deported?
If a foreigner entered the United States with no visa, if they have overstayed their visa, or if their work visa has expired, then they are at risk of being deported. Immigration authorities tend to prioritize the deportation of individuals who have overstayed their visas. However, any foreigner who has committed a crime while in the US—especially a felony crime—has the highest risk of deportation.
There are many people who are at risk of deportation at any one time, but there simply isn’t enough space in jails to house these individuals. There is also a shortage of ICE officers and judges who can handle these cases. As a result, the entire system is getting clogged. In Las Vegas, most of the cases that are being set for individual hearings to determine whether or not deportation will occur are scheduled into 2022 and 2023. In other cities, the wait time for a hearing is even longer.
What Happens At A Deportation Bond Hearing?
Prior to a deportation bond hearing, most individuals will have already contacted a lawyer to represent them, and the lawyer will have already ensured that the individual is eligible for bond and not mandatorily detained due to certain criminal convictions. Anyone who is being held in custody but not yet convicted is technically eligible for bond. However, if someone has been accused of a very serious crime such as murder, then it is not likely that they will be eligible for bond (or else the bond amount will be set so high that the average person would have no way of paying it).
During a deportation bond hearing, there will be questions about the person’s current and past situation, as well as family history. If there is a way for the individual to fix their immigration status, then they might receive a low bond amount. The lowest bond amount is $1,500 and there is no maximum amount of bond. If a judge does not grant a bond because they think that the person is either a flight risk or a danger to the community, then the individual could file an appeal to the Board of Immigration Appeals. Unfortunately, this process can take several months and the individual will have to remain in custody during that time.
What Can Be Done To Stop My Removal Proceedings?
In order to stop removal proceedings for a client, I first gather all of the information pertaining to the reason for the removal proceedings. Next, I determine what defense can be used to stop the removal proceedings. In the past, I successfully defended a person who had a green card and did not know that they had actually acquired citizenship through their parents. As a result, I argued that they could not deport my client because my client was indeed an American citizen. When representing permanent residents, the first defense I consider is whether they actually are American citizens.
When representing non-permanent residents, other options for defense will be explored. In some cases, an individual might be able to apply for cancellation of removal. This would be successful if the individual has been in the United States for 10 years and demonstrated good moral character over the course of those 10 years. They would also have to show that extreme or unusual hardship to a relative would be caused by their removal from the United States.
Another common defense is political asylum, which requires that a foreigner apply within one year of their arrival to the United States. If an individual were to miss the deadline for applying but had a good reason for having missed it, then they could apply for Convention Against Torture (CAT) protection or withholding of removal. If an individual were granted asylum, then they would be allowed to apply for a green card one year later. If they were granted CAT protection or withholding of removal, then they would be allowed to obtain a work permit every year while in the United States but would be barred from leaving the country.
For more information on Danger Of Deportation From The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 319-5459 today.
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