Goose Creek Deportation Defense Lawyer

Deportation is a complex process that can have a devastating emotional impact on families facing separation. A Goose Creek deportation defense lawyer could fight for you or a loved one to stay in the United States when you are facing removal proceedings for violating immigration or criminal laws.

A compassionate immigration attorney could advise you on your legal rights and the best possible defenses for your case.

Federal Law Authorizes Several Reasons for Noncitizen Deportation

U.S. Immigration and Customs Enforcement can detain and deport foreign nationals for several reasons, including cases where the foreign national is convicted of taking part in criminal activity, poses a threat to public safety, or otherwise violates conditions of their visa. The Immigration and Nationality Act authorizes the federal government to place a noncitizen in detention while undertaking removal proceeding under 8 U.S.C. § 1231.

In most cases, removal proceedings are initiated because an individual violated immigration laws. A Goose Creek attorney can provide information about actions that could lead to deportation.

For criminal offenses, removal proceedings are usually initiated when the crime is violent or involves great dishonesty or immorality. The U.S. can also deport a person for:

  • Firearm offenses
  • Domestic violence
  • Multiple criminal convictions
  • Failure to register as a sex offender
  • Selling or using drugs and controlled substances

Many foreign nationals are deported for violating existing immigration laws. For example, the government can initiate removal proceedings when a person initially enters the country illegally, engages in unauthorized employment, or stays in the country after their visa has expired.

Engaging in fraudulent behavior, such as falsely claiming citizenship or marriage fraud, can also lead to deportation. Foreign nationals are sometimes deported due to security concerns, such as when they have engaged in terrorist activities.

Common Defenses in Deportation Proceedings

When facing deportation, the foreign national may have to go to immigration court. While fighting removal is daunting, actions such as successfully obtaining a green card can allow a foreign national to stay in the country.

Foreign nationals can pursue green cards for many reasons, like an existing family relationship with a U.S. citizen or obtaining employment domestically.

A foreign resident with refugee status could gain lawful residency by seeking asylum. A noncitizen is eligible for asylum when they are fleeing or fear persecution in their home country due to their race, nationality, religion, membership in a social group, or political stance.

An individual using this defense will normally have to face a defensive asylum proceeding, which is similar to a normal court hearing with a judge overseeing the case. Legal counsel is critical to preparing the best possible asylum defense since a government attorney will argue for the person’s removal.

Noncitizens subject to expedited removal proceedings can also pursue a U.S. Citizenship and Immigration Services asylum merits interview. This process allows an applicant to gain asylum when they prove a credible fear of persecution. A deportation defense lawyer in Goose Creek could help a client prove a credible fear exists, meaning the foreign resident could be subject to persecution or torture if deported to their home country.

The asylum process is still unavailable to individuals found inadmissible for reasons such as criminal activity, according to the INA 8 U.S.C. § 1158.

Speak With an Immigration Attorney in Goose Creek About Deportation Defense

The deportation process can cause emotional distress for families separated by thousands of miles, with no certainty about when you can next see your loved ones. Time is of the essence to help prepare the best possible defense to help you remain in the country.

A Goose Creek deportation defense lawyer could assist when you or a loved one face removal proceedings. The expert legal team at Miller | Conway could ensure you do not face this process alone. Reach out to our office today.