If you’re an immigrant facing deportation or removal proceedings, you may feel lost. Please continue reading to learn why an individual may face deportation in the U.S. and how a skilled Middlesex County, New Jersey, Deportation Defense Lawyer can help you fight the charges against you.
What is Deportation?
Deportation is the process of removing a noncitizen back to their home country after a breach of specific laws and regulations. Any noncitizen of the U.S. can be deported, including lawful permanent residents, those with immigrant visas, and undocumented immigrants for violating immigration law. Several factors may subject an individual to deportation proceedings, including:
- An individual violated the terms of their immigration status (overstaying a visa, failing to remove conditions of their green card, failing to adjust their status, etc.)
- An individual committed marriage fraud
- An individual helped smuggle aliens into the county during or within five years of entering the U.S.
- An individual has committed two or more crimes involving moral turpitude or a felony offense after being admitted to the U.S.
- An individual becomes addicted to or abuse drugs after being admitted to the U.S.
- An individual participated in federal, state, or local elections
- An individual has become a public charge (dependent on the U.S. government for support)
- An individual engaged or is likely to engage in terrorist activities
- An individual provides false information to immigration authorities
- An individual enters the U.S. with forged travel documents
To avoid deportation, you should avoid engaging in the above-listed acts. Generally, a deportation or removal proceeding begins with a Notice to Appear (NTA), which provides instructions to appear before an immigration judge on a specific date and time. You will be allowed to retain legal counsel to respond to the charges against you. You will undergo a second hearing if you decide to fight the charges. In some cases, a noncitizen may be detained and then will go before a judge in immigration court. They may be subject to expedited removal without being able to attend a hearing in immigration court if they entered the U.S. without the proper travel documents, used forged travel documents, or did not comply with their visa or other entry document requirements.
What is Voluntary Departure?
If a judge rules that the individual should be deported or removed from the country, the U.S. Immigration and Customs Enforcement (ICE) will carry out the removal order. However, before carrying out the removal order, you may be granted the opportunity to leave the U.S. at your own expense. This is known as voluntary departure. This agreement gives you more flexibility in preparing to leave the country. In addition, you can avoid specific penalties that you may otherwise be subject to if you don’t voluntarily leave the country.
Before accepting voluntary departure, it’s in your best interest to consult a dedicated lawyer from the Law Offices of Aditya Surti, LLC, who can help ensure you understand all the obligations and consequences of the order before agreeing.
