Non-citizens without legal immigration status can be deported. The Department of Homeland Security initiates proceedings. Enforcement of deportation orders is left to Immigration and Customs Enforcement, better known as ICE. Persons in this situation need a Deportation Defense in Junction City KS.
Beware of Criminal Activity
Non-citizens are more likely to come to ICE’s attention if they commit a crime. ICE routinely checks the immigration status of jail inmates. Sometimes, the government gets a tip that a person is undocumented. Likewise, people often call the government when they think a business has workers who are not citizens. The government sends the non-citizen a Notice To Appear. The notice includes the accusation against the alien, the grounds for removal and the consequences of failing to appear. Aliens are also advised to hire an attorney for a Deportation Defense in Junction City KS.
The Right to be Heard
Immigration hearings are held all over the U.S. Immigration judges may rule the alien’s actions make them removable from the U.S. On the other hand, the judge may determine the alien’s defense has merit. The first hearing is called the Master Calendar. Failure to appear at the first hearing results in the issuance of an automatic order of removal. Deported aliens cannot return to the U.S. for at least ten years. Aliens can submit to voluntary removal. They will be allowed to return to the U.S. if they receive a visa.
Fighting Deportation
The next appearance is at the Merits Hearing. The attorney must convince the judge to let the alien stay in the U.S. Many aliens try to present a case for asylum. Asylum means the alien has a reason to fear persecution if they return to their home country. Aliens are allowed to testify and present witnesses and other evidence. It’s a good idea to present evidence of the conditions the individual ran from. The prosecutor can stop the deportation proceedings based on the evidence.
The attorney may also file for a DACA classification for the client. DACA means Deferred Action for Certain Childhood Arrivals. These individuals were brought to the U.S. as children and attended school in the U.S. The proceedings are closed when DACA is approved. For more information about deportation contact Addair Thurston Chtd. You can also visit them on Facebook for more information.