At Colombo & Hurd, we represent immigrants and foreign visitors who are at risk for deportation or removal in immigration courts throughout the United States. We understand that coming to the United States represents your dream of a better life for yourself and your loved ones. We have a thorough understanding of the deportation process and represent individuals in immigration court before immigration judges on a daily basis. It is our number one priority to protect our clients’ best interests and make sure no person is unjustly deported.
Whether you are seeking a deportation lawyer in Orlando, Miami or deportation lawyer elsewhere in Florida or Georgia, Colombo & Hurd can assist you with your deportation case in immigration court. To schedule a confidential legal consultation without immigration law tea, call Colombo & Hurd at 800-659-7142 today.
Why Can Immigrants And Temporary Workers Face Removal From The United States?
There are a number of circumstances that could lead to deportation or removal. The most common reasons immigrants or foreign visitors are deported include:
- Felony or misdemeanor criminal convictions
- Immigration violations
- Visa or green card expiration
- Employment violations
- Immigration fraud
- Final Order of Removal/Deportation after a denial of asylum; or
- Failing to depart after a grant of voluntary departure
These are the main reasons by which removal or deportation proceedings would be initiated. Other reasons for removal from the United States includes any individual who has engaged in a high-speed flight from an immigration checkpoint, one accused of engaging in a sham marriage, immigrants who have assisted in human smuggling into the United States, is or has been a drug abuser or addict, has violated the Military Selective Service Act or the Trading With the Enemy Act, failed to advise immigration authorities of a change of address, or an individual who has otherwise violated the terms set forth by their visa or green card.
Deportation Defense for DACA “Dreamers”
Under the Trump administration, ICE has seemed to backtrack on many of the promises made to Dreamers or others who qualified for DACA. In fact, ICE has engaged in aggressive deportation actions against Dreamers due to unsupported allegations of association with gang members. In other acts, ICE has posted incendiary tweets that targeted Dreamers. In one tweet, ICE characterized DACA status as not a “protected status” but rather a “lower enforcement priority.”
These actions and tweets have created significant anxiety and worry in the community. At Colombo & Hurd, we recommend that all individuals with deferred status or other potential immigration issues develop a plan of action for family members to follow should a removal action take place. The plan should be developed with an experienced lawyer and should be comprehensive addressing both practical and legal concerns.
What Types of Criminal Charges Can Spur Removal Proceedings?
One type of criminal charges that can trigger deportation or removal proceedings due to a single act are convictions for an “act of moral turpitude” or an aggravated felony. Therefore, if an immigrant faces criminal charges it is essential to consider the immigration impacts of a guilty plea. This concern should be expressed to a criminal defense lawyer prior to any plea being made.
“Crimes of moral turpitude” are generally held to include crimes that involve “fraud, larceny, and intent to harm persons or things.” If the crime you commit is a crime of dishonesty such as wire fraud, mail fraud, theft, and an array of other offenses. The list is not particularly well defined and proceedings for any conviction involving dishonesty are theoretically possible. While there are defenses available to deportation proceedings instituted due to a conviction for a crime of moral turpitude, they are often highly technical in nature and based on the language of the statute under which you were convicted.
As for deportation due to the conviction of an aggravated felony, this list of crimes is defined significantly more clearly. Crimes that are considered aggravated felonies for immigration law purposes are set forth in the Immigration and Nationality Act § 101(a)(43). It includes serious crimes like murder, drug trafficking crimes, weapons and gun trafficking crimes, tax evasion involving more than $10,000, violent crimes carrying a prison sentence of greater than one year, rape, sexual abuse of a child, and many other serious crimes. It is particularly difficult to avoid deportation after a conviction of this type so it is wise to consult with an immigration lawyer before entering a guilty plea.
It is important to note that while many drug crimes can result in deportation, there is a specific exception carved-out for crimes involving less than 30 grams or less of marijuana. The offense must also be related to personal use of the drug. In these scenarios, we may be able to stop or appeal an order for removal.
Removal Defense for Work-Related Immigration Violations
The reasons why an individual could face removal from the United States while present on a work visa are numerous. For instance, any type of fraud or misrepresentation that was committed to secure the work visa could trigger removal proceedings. This may include representations such as the worker’s qualifications, education, background, experience, or work duties once in the United States.
Furthermore, visa workers in the United States who “engaged or at any time after admission engages in espionage, sabotage, or violations or evasions of any law prohibiting export of goods, technology, or sensitive information, or in any other criminal activity that is a danger to public safety or national security, or acts in opposition to, or attempts to control or overthrow the U.S. government by force, violence, or other unlawful means” are also subject to removal.
This could theoretically apply to workers who exceed their authorization and access to protected or sensitive materials. Consider that U.S. prohibits workers from certain countries, like the People’s Republic of China, from accessing certain controlled technical data. Violations of these controls can lead to significant problems for both the individual worker and for the company. For instance, in 2016, a microwave components company faced a U.S. State Department’s Directorate of Defense Trade Controls penalty of $100,000 for allowing an H-1B worker improper access to controlled technical data.
Work With Aggressive and Strategic Deportation Defense Lawyers
At Colombo & Hurd our deportation defense lawyers provide effective and aggressive deportation defense for people who face deportation hearings and have received a Notice to Appear from Immigration and Customs Enforcement (ICE). In addition, we personally visit detention facilities throughout the state of Florida and the U.S. in order to protect our clients.
We understand the worries, fears, and stress you and your family experience when faced with deportation. If you fear your immigration status is in jeopardy for whatever reason, please contact our deportation defense attorneys at Colombo & Hurd today. We are dedicated to fighting your deportation from the U.S., and helping you file the appropriate petitions, obtain necessary documents and waivers and file motions to reopen or appeal your case.
If you are in need of an experienced, aggressive, and knowledgeable deportation defense attorney for representation in immigration court, contact Colombo & Hurd today for your free consultation at 1-800-659-7142. We are devoted to helping you avoid deportation and protect your American dream.