Frequently Asked Questions About Removal And Deportation Defense
Deportation – that is, involuntary removal from the U.S. – is a scary situation that brings uncertainty and anxiety about the future. At Rifkin & Fox-Isicoff, P.A., we understand the stakes and are committed to providing robust defense strategies for those facing removal proceedings. Our lawyers include board-certified specialists in immigration law through The Florida Bar. We have a convenient office in the heart of Miami.
Answers To Common Questions
When you’re facing deportation, you may have numerous questions. Below, you will find general information about frequently asked questions. You can also learn more about the details of deportation.
What are the grounds for deportation?
Possible grounds include:
- Not having a lawful immigration status (being undocumented)
- Getting arrested or having certain criminal convictions
- Violating U.S. immigration laws
- Pursuing immigration benefits through fraudulent marriages or false information
- Failing to maintain a current visa
- Violating the terms of your visa or conditional green card
- Failing to comply with the conditions of your green card
Who can be deported?
Anyone who is not a U.S. citizen could face deportation, including undocumented immigrants, visa holders and green card holders (lawful permanent residents).
What is the process of deportation in Florida?
The deportation process typically begins with a Notice to Appear (NTA) from the U.S. Department of Homeland Security, which states the grounds for deportation and sets a hearing before an immigration judge. In that hearing, you will have the opportunity to defend against deportation. You may be able to seek certain types of immigration relief to avoid a removal order. If the judge rules against you, you can pursue appeals at various levels.
How long do removal proceedings take?
The duration of removal proceedings can vary widely based on the specifics of the case, the backlog in the immigration court system and the defense strategy. The timeframe can range from several months to several years.
What are some possible defenses to deportation?
Depending on the situation, possible defenses may include:
- Seeking asylum or protection under the Convention Against Torture
- Pursuing adjustment of status to a lawful permanent resident
- Filing an application for cancellation of removal or withholding of removal
- Applying for waivers for certain grounds of inadmissibility
- Asking for discretionary relief, such as deferred action
In some cases, the best strategy may be requesting voluntary departure to avoid an official deportation order and preserve future immigration opportunities.
Can nonpermanent residents qualify for cancellation of removal?
Yes, cancellation of removal for nonpermanent residents is an option if you meet certain criteria. You must have been physically present in the U.S. for a continuous period and demonstrate good moral character. Additionally, you must prove that your deportation would result in extreme hardship for a family member who is a U.S. citizen or lawful permanent resident, which is a high bar to meet.
Let Us Fight For The Life You’ve Built
If you or a loved one is facing deportation, it’s crucial to act swiftly to protect your rights and future. We understand the intricacies of immigration law and have extensive experience defending individuals in deportation proceedings. Contact us today at 305-424-2645 to discuss your case and explore your options.