There are a few things more stressful for a non-citizen than facing removal from the U.S. If an immigrant has entered the U.S. illegally, violated the terms of his or her visa, or been convicted of a crime, he or she may face deportation. If you or someone you know is dealing with this situation, it is wise to consult a qualified immigration attorney like Edward Bajoka as soon as possible. Deportation can have severe long-term consequences for you and your entire family. At Bajoka Law, our knowledgeable immigration attorneys will work diligently to protect your legal rights if you are in removal proceedings in the Detroit area. Detroit immigration defense lawyer Edward Bajoka and his team understand the fear that the threat of deportation can evoke in an immigrant under arrest. As a long time Detroit criminal defense attorney, Edward Bajoka has represented many immigrants against criminal charges. He is skilled at this type of complex criminal defense and takes special care to consider the immigration consequences of criminal charges.
The United States Citizenship and Immigration Services (USCIS) is determined to ensure that non-citizens do not commit immigration fraud or violate any of the immigration rules and regulations. USCIS is an agency within the Department of Homeland Security (DHS), and performs many different functions related to immigration law. In general, DHS cannot deport someone unless that individual is first given the chance to present a case before an immigration judge.
A non-citizen may face deportation for a variety of reasons. The terms “deportation” and “removal” actually mean the same thing. “Removal” is simply the legal term for what is commonly known as deportation. Removal occurs when the United States government orders that a non-citizen be removed from the country. The most common reasons that a removal is ordered is when that non-citizen violates certain criminal laws and/or immigration laws. Once that person is deported, he or she may lose the right to ever reenter the United States, even as a visitor. Immigration & Customs Enforcement (ICE) has been given even more power in recent years over people with non-citizen status. Even if you have a green card and are a permanent resident that does not mean that the government will not remove you for breaking certain laws. What is most important to understand is that removal is a legal proceeding. A non-citizen who is subject to this proceeding also has a number of legal rights to challenge their removal which can be on procedural or constitutional grounds.
Even if you have a green card you could still face removal if you are convicted of a crime. Criminal offenses that seem relatively harmless, like petty theft or misdemeanors, can cause major long-term complications for an immigrant’s prospects of staying in the country. If you are arrested or detained, Edward Bajoka can help by taking action with the Executive Office for Immigration Review (EOIR) and requesting relief from removal in one or more of the following ways:
Voluntary Departure
Cancellation of Removal
Asylum
Adjustment of Status
Appeals
It is important to note that if you are facing deportation, you have the right to be represented by an immigration lawyer. Since this area of law is very complex, anyone in a removal proceeding should consult a qualified immigration attorney who understands the law and the many options that may be available. Attorney Edward Bajoka is just that attorney.
The removal process includes:
A Notice to Appear is generated by ICE with information about the non-citizen along with the reasons for the removal.
A hearing is scheduled, and the non-citizen is given the opportunity to proceed or is given time to hire an attorney.
Once the non-citizen is ready to proceed with or without an attorney, then the non-citizen will be asked to verify the information in the Notice to Appear.
If the immigration judge then determines that the information on the Notice to Appear is correct, then the non-citizen will be ability to apply to any form of relief from removal. If the non-citizen is eligible and applies for relief then a hearing date is scheduled to determine if that relief is appropriate. If the non-citizen is not eligible or does not apply for relief, then removal is ordered.
If a hearing is held for relief, then the non-citizen will be able to present evidence, testify, and have witnesses testify on the non-citizen’s behalf. The immigration judge will make their decision at the conclusion of this hearing.
Although the deportation and removal process is similar to a criminal trial, it is not considered a criminal proceeding. However, Immigration Court rules can be very strict. Hearings cannot be missed and the judge’s directions must be followed to the letter. For this reason, it is extremely important that individuals in removal proceedings have effective representation.
The Immigration and Nationality Act imposes harsh sanctions on non-citizens in the US who violate the law. Because this area of immigration law is subject to change quickly through congressional amendments, Department of Homeland Security (DHS) action, and court decisions, it is especially important to consult an immigration lawyer before accepting any plea agreement of having contact with DHS after a conviction is sustained. Attorneys at Bajoka Law are experts in immigration laws. And they are ready, willing, and able to take on your case.
Waivers provide individuals with the ability to avoid the harsh consequences of certain immigration violations. Such relief includes, but not limited to, the possibility of remaining in the United States despite being subject to grounds for removal and the ability to obtain legal status for those who are otherwise inadmissible or ineligible to enter the United States. Because there are numerous waivers are available and because the eligibility requirements for waivers are highly fact specific, it is necessary to discuss the facts of your case with an immigration lawyer like Edward Bajoka to determine which waivers may apply.
Most attorneys have never stepped foot in an immigration courthouse, much less have actually been successful in removal proceedings. Do you really want your case to be the first your attorney has actually defended in immigration court? While the answer to that question might be easy, choosing the right attorney might not be as simple. The right attorney for a removal case is not someone looking to sign up every person that walks through their door. The right attorney for a removal case is one that has the proper experience, time, and resources to put into defending your case against the power of the government. The United States government has unlimited resources when it comes to investigating and building cases. Your first step towards leveling the playing field is hiring an attorney who brings years of successful deportation and removal defense experience to the table. At Bajoka Law, we lean on this past experience to help bring future success.
Contact Bajoka Law at
(844) 4BAJOKA
today to schedule an appointment.