Deportation and removal proceedings are among the most stressful and life-altering experiences an immigrant may face. The threat of being removed from the United States and separated from family, work, and community can be overwhelming. For those facing such proceedings in Philadelphia, the stakes are incredibly high. Immigration attorneys are indispensable advocates during this process, helping clients navigate a complex legal system, protect their rights, and explore all possible avenues for relief. Unfortunately, deportation is a reality for many immigrants, even those who have lived in the country for years and have strong ties to their communities.
In Philadelphia, immigration law can be particularly challenging to navigate, given the federal nature of the system and the often nuanced state and local policies that may influence a case. When facing the possibility of removal, having an experienced immigration attorney lawyer is essential. These legal professionals provide critical guidance and representation throughout the deportation process, ensuring that individuals fully understand their rights and are given the best possible chance to remain in the country legally.
Understanding Deportation and Removal Proceedings
What is Deportation?
Deportation, now formally referred to as “removal,” is the legal process by which a non-citizen is required to leave the United States due to a violation of immigration laws. While “deportation” was the commonly used term, it was replaced by “removal” in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Deportation or removal orders can be issued by the U.S. government when individuals fail to comply with U.S. immigration laws, and enforcement is carried out by agencies like Immigration and Customs Enforcement (ICE). This process can affect lawful permanent residents, visa holders, and undocumented immigrants, leading to a serious legal situation.
The process of removal is distinct from other legal proceedings and involves complex legal arguments and procedural steps. It is essential to understand that deportation is not always automatic or inevitable. There are many defense mechanisms that an experienced immigration lawyer can employ to prevent removal, such as applying for asylum, cancellation of removal, or adjustment of status.
Common Reasons for Deportation
Several scenarios can lead to removal proceedings, some of the most common being:
- Overstaying a Visa: One of the most common reasons for deportation is overstaying a visa. Immigrants who enter the U.S. on non-immigrant visas, such as tourist, student, or work visas, are allowed to stay only for a specific period. Suppose a person stays beyond the expiration date without renewing their visa or changing their status. In that case, it results in a violation of immigration law, which could lead to removal proceedings.
- Violating Visa Terms: Visa holders are required to adhere to specific terms and conditions. These conditions could involve restrictions on the type of employment allowed, the number of hours one can work, or the duration of stay in the U.S. If these terms are violated—such as by working without authorization or staying beyond the permitted period—the individual may face deportation. This is particularly common for students or temporary workers who may unintentionally violate these terms.
- Criminal Convictions: An immigrant who is convicted of certain crimes—whether misdemeanors or felonies—can face deportation, even if they have lived in the U.S. for many years. U.S. immigration law defines “aggravated felonies” and other offenses that make an individual removable, such as drug-related crimes, violent crimes, or crimes involving moral turpitude. Importantly, even criminal activity that occurs abroad can have consequences on immigration status, depending on its nature and the impact it has on U.S. immigration law.
Types of Removal Proceedings
- Voluntary Departure: In some cases, the individual facing removal may be granted the opportunity for voluntary departure. This allows them to leave the U.S. voluntarily at their own expense within a specified time frame instead of going through the formal removal process. Voluntary departure is seen as a more favorable option as it avoids a formal deportation order and can preserve the individual’s chances of returning to the U.S. in the future. It is typically available to people who have been in the U.S. unlawfully for a limited time or have no significant criminal history.
- Formal Removal: If voluntary departure is not granted, or if the individual does not choose to leave voluntarily, the government will initiate formal removal proceedings. This process involves a hearing in immigration court, where an immigration judge determines whether the person will be deported. A formal removal order can result in deportation, which could carry long-term consequences, including the inability to return to the U.S. for many years.
In formal removal proceedings, an individual has the right to defend themselves against the deportation order, often with the help of an experienced lawyer on immigration who may file petitions for relief or explore avenues for staying in the U.S., such as seeking asylum or applying for a waiver of inadmissibility.
The Role of Immigration Lawyers in Philadelphia
Immigration lawyers in Philadelphia play an essential and multifaceted role in navigating the complexities of deportation cases. Facing deportation can be a daunting experience, but with the right legal counsel, immigrants can find opportunities to challenge removal orders, seek relief, and potentially stay in the U.S. The primary responsibility of an immigration lawyer is to provide robust legal defense and explore all available options for avoiding deportation. Below are the key ways in which immigration lawyers assist clients facing removal proceedings.
Providing Legal Defense
Representation in Immigration Court
Immigration lawyers in Philadelphia defend clients in federal immigration courts by protecting their rights, simplifying complex procedures, and presenting robust legal defenses.
Challenging Deportation Orders:
Key legal avenues include:
- Asylum Claims: Lawyers help clients apply for asylum based on credible fear of persecution in their home countries.
- Cancellation of Removal: For clients meeting criteria like long U.S. residence and hardship to U.S. family members, lawyers seek cancellation of deportation orders.
- Adjustment of Status: Eligible clients can be guided through the process to become lawful permanent residents, usually via family or employment-based petitions.
Navigating the Federal System:
- Managing Complex Paperwork and Applications: Philadelphia immigration lawyers assist clients in interacting with federal agencies like USCIS, ICE, and CBP to manage complex paperwork, handle visa applications, respond to evidence requests, and address status issues.
- Ensuring Compliance with Immigration Laws: With local expertise, these attorneys help clients avoid legal missteps and ensure compliance with immigration laws, which can prevent issues in deportation proceedings.
Overall, Philadelphia immigration lawyers provide essential support to immigrants, helping them understand their rights, pursue relief options, and navigate the U.S. immigration system effectively, maximizing their chances of staying in the country.
The Immigration Court Process
Overview of Immigration Court Proceedings
Once deportation proceedings are initiated, an individual’s case is handled in Immigration Court, part of the Executive Office for Immigration Review (EOIR) under the Department of Justice. Immigration courts specifically handle cases regarding immigration violations and deportation. An immigration judge evaluates whether the individual qualifies for relief from deportation, assessing the presented evidence, legal arguments, and any possible defenses. Consulting a lawyer on immigration early on can significantly impact the outcome by ensuring proper legal representation and strategy.
Types of Hearings
- Master Calendar Hearings (MCH): This is an initial hearing focused on procedural matters, where the judge reviews the case, clarifies the charges, and sets timelines. During the MCH, the judge may confirm if the individual has legal representation, often recommending they engage a lawyer on immigration if they haven’t already. The schedule for the next hearing is typically set at this stage. Attendance is crucial, as missing this hearing may lead to a deportation order issued in the individual’s absence.
- Individual Hearings: The Individual Hearing is the main proceeding where the individual can present their defense against deportation, providing evidence, testimonies, and arguments. A lawyer on immigration can support the case by presenting legal defenses and challenging the government’s claims. Following the hearing, the judge makes a final decision to either issue a deportation order or grant relief. If the judge rules against the individual, they may appeal the decision through additional legal channels, often requiring the continued support of a lawyer on immigration to navigate the complex process.
Common Legal Defenses in Deportation Proceedings
- Asylum: An individual facing a credible threat of persecution in their home country due to factors like race, religion, or political opinion may apply for asylum. A lawyer on immigration can assist in preparing a strong case, as asylum requires meeting strict legal criteria and demonstrating well-founded fears of persecution.
- Cancellation of Removal: This relief is for individuals with significant U.S. residency who meet specific criteria, such as:
- Residing in the U.S. for at least 10 years
- Demonstrating good moral character
- Showing that deportation would cause severe hardship to close family members (U.S. citizens or permanent residents)
A lawyer on immigration plays a crucial role in compiling evidence and building a compelling argument to meet these criteria. If granted, this relief allows the individual to stay in the U.S. and potentially seek lawful permanent residency.
- Waivers of Deportability: Waivers are available in cases where deportation would result in substantial hardship to U.S. citizens or permanent resident family members. A lawyer on immigration can help determine eligibility and navigate the complexities of waiver applications. Waivers may apply to those with extensive U.S. residency, family ties, or evidence of rehabilitation following a criminal offense.
Each of these defenses requires precise legal knowledge and a solid presentation, making representation by a qualified lawyer on immigration critical for individuals navigating the immigration court system.
The Appeal Process
If the immigration judge orders deportation, the individual has the right to appeal the decision to the Board of Immigration Appeals (BIA). The BIA is a body within the Department of Justice that reviews decisions made by immigration judges. The immigration appeal process allows individuals to challenge the immigration judge’s ruling and request a reversal or modification of the decision. The BIA will review the record of the case, including the legal arguments and any evidence submitted.
Filing an Appeal
The individual generally has 30 days from the date of the immigration judge’s decision to file an appeal with the Board of Immigration Appeals (BIA). During this time, the individual can file legal briefs and submit additional arguments or evidence.
BIA Decision:
After reviewing the case, the BIA may either:
- Affirm the immigration judge’s decision (meaning the individual must leave the U.S.),
- Remand the case (send it back to the immigration court for further hearings or reconsideration) or
- Overturn the decision (allowing the individual to remain in the U.S.).
If the BIA denies the appeal, the individual may have the option to file a petition for review with the U.S. Court of Appeals. This process involves asking the federal court to review whether the BIA made an error in applying the law.
Immigrant Rights During Deportation Proceedings
What Rights Do Immigrants Have in Court?
During deportation proceedings, immigrants have specific rights that help ensure their case is heard fairly. These rights are essential in protecting individuals from unjust removal and giving them a fair opportunity to present their defenses.
- Right to Due Process: Immigrants in deportation proceedings are entitled to a fair hearing, including the right to know the charges against them, present evidence, and call witnesses, as protected by the Fifth Amendment.
- Right to Counsel: Immigrants have the right to hire a lawyer for representation, although legal counsel is not provided at government expense. This makes access to private attorneys crucial in deportation cases.
- Importance of Legal Representation: Given the complexity of immigration law, having a knowledgeable attorney is vital. Lawyers help immigrants understand relief options—such as asylum, cancellation of removal, or adjustment of status—and effectively present their case in court.
- Post-Deportation Relief:
- Voluntary Departure: Allows individuals to leave the U.S. on their own, which can protect their immigration record, making future returns easier.
- Appeals Process: Individuals can appeal deportation decisions to the Board of Immigration Appeals or federal court, potentially reversing or delaying deportation.
- Other Relief Options: Some may qualify for protections like Temporary Protected Status (TPS) due to specific country conditions or file motions to reopen cases based on new evidence or legal errors.
These rights and options provide critical pathways for individuals facing deportation, allowing for fair hearings and possible relief from removal.
Why Hiring an Immigration Lawyer is Crucial
Deportation proceedings are some of the most challenging and high-stakes situations an immigrant can face. Given the complexity of U.S. immigration law, the potential long-term consequences of a removal order, and the emotional and financial toll on families, it is crucial to seek the guidance of an experienced immigration lawyer. Here are several reasons why hiring an immigration lawyer is essential:
- Expert Navigation of Complex Law: Immigration lawyers understand intricate federal and state immigration laws, helping clients navigate legal requirements and procedures.
- Minimizing Risk of Removal: Lawyers explore all available legal defenses, including asylum, waivers, and cancellation of removal, to reduce the likelihood of deportation.
- Local Expertise: Philadelphia immigration attorneys bring insights into local court practices and policies, which can positively impact case outcomes.
- Access to Affordable Services: Many immigration attorneys offer pro bono work or sliding-scale fees, ensuring affordable support for those facing financial hardships.
- Essential Advocacy: An immigration lawyer protects clients’ rights, thoroughly prepares cases, and increases the likelihood of achieving a favorable outcome
About Voloshen Law Firm P.C. and How We Can Help You with Immigration
At Voloshen Law Firm P.C. in Huntingdon Valley, PA, we are a full-service immigration law firm committed to providing our clients with the highest quality service and guidance. With years of experience, our goal is to offer personal attention and tailored legal strategies that best fit your unique immigration needs. Whether you are seeking family-based immigration benefits, facing deportation, or trying to adjust your immigration status, we are here to support and guide you through every step of the process.
Comprehensive Immigration Services
Our firm specializes in a wide range of immigration services, ensuring that we can assist individuals and families across various situations:
- Family-Based Immigration: We help clients prepare and file family-based petitions, including consular processing and adjustment of status within the U.S. This covers a variety of petitions for spouses, children, parents, and other family members.
- Fiancé and Marriage-Based Visas (K-1 Visas): Our firm helps individuals navigate the complex process of obtaining fiancé (K-1) visas, allowing foreign nationals to enter the U.S. and marry their U.S. citizen partner.
- Student Visas (F-1): We assist students in obtaining the appropriate visas to study in the U.S., guiding them through the application process and ensuring compliance with visa conditions.
- Business and Employment-Based Immigration: We represent clients in a variety of business and employment-related immigration matters, from H-1 B visas for skilled workers to EB-5 investor visas.
- Humanitarian Relief: We are dedicated to helping survivors of domestic violence (VAWA), human trafficking victims (T visas), and crime victims (U visas) secure relief and protection under U.S. immigration law. Additionally, we represent unaccompanied minors seeking asylum or special protection status.
- Asylum and Deportation Defense: Our firm specializes in defending clients in removal proceedings, including those seeking asylum or other forms of protection. We also work on the cancellation of removal for individuals who have long-term ties to the U.S.
- Naturalization: Our attorneys provide representation for clients seeking U.S. citizenship through the naturalization process. Whether it’s overcoming previous denials or addressing unique circumstances, we work diligently to ensure that our client’s applications for citizenship are successful.
Case Success and Expertise
We pride ourselves on our track record of successful cases. From obtaining lawful permanent resident (LPR) status for a U.S. citizen’s parent despite extensive challenges to securing citizenship for an elderly client with health concerns, our firm consistently demonstrates its capability to tackle even the most complex immigration cases. Our case outcomes include:
- Adjustment of Status for a parent of a U.S. citizen, overcoming biometric and income-related issues.
- Defensive Asylum for a couple from Belarus, securing asylum based on political opinion and civil society participation.
- Naturalization for clients facing obstacles like previous criminal convictions or failure to meet filing requirements, ultimately achieving U.S. citizenship.
Our success is rooted in our commitment to understanding our clients’ needs and providing diligent, personalized attention to every case.
Virtual Immigration Consultation
Navigating the U.S. immigration system can be challenging and time-consuming. At Voloshen Law Firm, we offer virtual consultations to make it easier for clients to access expert legal advice regardless of location. Our virtual consultations ensure that you can receive the support and guidance you need from the comfort of your home.
Why Choose Voloshen Law Firm P.C.?
- Experienced and Knowledgeable Attorneys: Our immigration lawyers in Philadelphia are well-versed in all areas of immigration law and have helped hundreds of individuals and families successfully navigate the legal system.
- Personalized Legal Services: Every client deserves individualized attention. Our firm takes the time to understand your specific needs and tailor our services to ensure the best possible outcomes.
- Reasonable Fees: We offer fair and transparent pricing, with many services available on a sliding scale or pro bono basis for low-income clients.
- Compassionate Support: We treat our clients with the respect and compassion they deserve, offering a supportive and welcoming environment throughout the legal process.
If you or a loved one is looking for immigration lawyers in Philadelphia, Voloshen Law Firm in Huntingdon Valley, PA, is here to help. Our skilled attorneys are committed to fighting for your rights, helping you secure legal status, and protecting your future in the United States. Our services are offered throughout Philadelphia and neighboring counties.Reach out today at (215) 437-7854 or email igor@voloshenlaw.com to schedule a consultation and take the first step toward achieving your immigration goals.