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Deportation Defense Lawyers Near You

Joseph Caraccio avatar
I have been practicing law since 2012 after graduating NY Law School. My practice is focused on helping immigrants obtain legal status in the United States, def...
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I have been practicing law since 2012 after graduating NY Law School. My practice is focused on helping immigrants obtain legal status in the United States, def...
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Isaac Ortega avatar
Isaac Ortega is an Arizona native and is fluent in Spanish and Portuguese. He grew up in the east valley and later served the citizens of Mesa as a police offic...
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Isaac Ortega is an Arizona native and is fluent in Spanish and Portuguese. He grew up in the east valley and later served the citizens of Mesa as a police offic...
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The United States has one of the highest immigration rates, so it necessarily follows that deportation cases are also pretty common here. While it is true that U.S. immigration law allows non-citizens to go through a process to improve their immigration status, the reality is this privilege comes with certain constraints and conditions. Primarily, this is rooted in the state’s duty to protect its nationals and territory from conceivable security threats.

However, as in all legal disputes, it is important that a person who is the subject of deportation proceedings have proper representation in court and have their legal rights protected. If you are looking for lawyers who specialize in deportation proceedings and have substantial experience in the defense of immigrants or non-citizens facing deportation, you can find the best deportation defense lawyer near you through Lawrina.

What Is a Deportation Defense Lawyer?

A deportation defense lawyer is one who has the experience and is competent to represent immigrants, permanent residents, or other non-citizen individuals facing deportation. There are many lawyers and law firms that handle illegal immigrant cases, particularly in the nonprofit sector, pro bono or at a very low cost.

While the federal government, through the Department of Homeland Security (DHS), does have the right and duty to protect the people and the territory against potential risks, it is legal that non-citizens facing deportation have the right to defend themselves, too. Precisely, that is what deportation defense attorneys near you are for.

What Does a Deportation Defense Lawyer Do?

In essence, a deportation defense lawyer represents permanent residents or legal immigrants who are at risk for deportation in immigration courts. They also represent those who are seeking asylum. Some specific tasks that a deportation defense lawyer does are:

  • Give legal advice to a client who is facing deportation or removal;
  • Outline the best steps upon receipt of a Notice to Appear from the DHS;
  • Defend clients during deportation and removal proceedings before immigration courts;
  • Prepare your case and arguments in immigration court hearings;
  • Appeal the decision of the judge in case of an unfavorable judgment; and
  • Explore other forms of relief available for your specific case, based on your immigration and status and other personal circumstances.

When Do I Hire a Deportation Defense Lawyer?

Ultimately, you should hire a deportation defense lawyer near you if you are facing deportation, which, as mentioned earlier, is as soon as you receive a Notice to Appear from the DHS. Deportation or removal proceedings generally begin with this notice, which is a charging document the DHS files before the immigration court to formally start the deportation or removal process in accordance with the Immigration and Nationality Act.

Therefore, upon receipt of a Notice to Appear, it is important that you are properly apprised of your rights, as well as the next best steps and possible defenses against your deportation from the country. Certainly, a deportation defense lawyer is the most competent person to be by your side in this situation.

Other instances where you would want to engage the services of a deportation defense attorney are when:

  • You are facing a criminal charge that might affect your current immigration status
  • You might have committed status violations
  • You are currently an immigrant who just wants to broaden his/her immigration knowledge

Definitely, in these situations and even if there is no actual deportation case yet, a deportation defense lawyer can come to your aid for legal advice and consultation.

How Do I Choose the Right Deportation Defense Lawyer for Me?

There are a number of things to consider to finding the right deportation defense lawyer for you. Here are some of the things you should take note of and look into:

  • Is the deportation defense lawyer near me, so meetings, hearings, and consultations are convenient?
  • Does the deportation defense lawyer have substantial experience and training in the field? What is his/her client's success rate?
  • Does the deportation defense lawyer have the necessary knowledge and background in representing clients in immigration court hearings?
  • Is the deportation defense lawyer one I could afford?

How Much Is the Average Cost of a Deportation Defense Lawyer?

Typically, the average cost of a deportation defense lawyer is around $7,000. This amount, of course, could go much lower or higher depending on the work the lawyer does. For instance, if the deportation defense attorney is to attend several immigration court hearings to represent the client, the fees would necessarily increase.

Apart from the extent of the work, another factor that would affect how much a deportation defense lawyer would cost is his/her manner of charging. While there are deportation defense lawyers that offer a flat-fee legal service, there are those who use the traditional hourly billing method. Usually, the latter would cost more because the client will have to pay every time the lawyer works on the deportation or removal case. To manage this, some lawyers allow clients to set a limit in the retainer agreement as to the number of hours they want the deportation defense attorney to spend on their accounts.

Do Deportation Defense Attorneys Usually Charge for Consultations?

Fortunately for concerned immigrants and other non-citizens, there are deportation defense attorneys who do initial consultations for free. Typically, a free consultation would last 30 minutes at most, and it could be facilitated by phone or in person. There are some attorneys who do virtual consultations, too.

For other consultations, or for instances when time is of the essence and the deportation defense attorney is called to assist and represent the client immediately, the lawyer may charge his/her regular hourly fee.

Frequently Asked Questions

What is deportation?

Deportation is the court-ordered removal of a foreign natural, regardless of immigration status, from the country due to a violation of an immigration law.

As the government orders the deportation or removal through an immigration court or immigration officer, it necessarily involves deportation proceedings. In this process, the non-citizen is afforded due process and the right to a deportation defense attorney, who will represent him/her in such proceedings.

If, however, the immigration judge or officer determines that the individual is absolutely no longer permitted to remain in the country, he/she shall be ordered removed. At times, the foreign national would leave the country voluntarily. In other instances, the Immigration and Customs Enforcement shall send a letter regarding the departure process.

What are the most common grounds of deportability?

A court can order or remove a foreign national for a number of different reasons, but the most common grounds of deportability are:

  • Violation of immigration law;
  • Violation of the terms of their immigration status (such as non-immigrant visa holders or green card holders);
  • Termination of a non-citizen’s permanent resident status;
  • Serious drug offenses;
  • Conviction of a crime of moral turpitude;
  • Serious criminal convictions;
  • Conviction of crimes against national security (such as treason or sedition); and
  • Marriage fraud.
If I have been deported, how long until I can re-enter the country?

Previously deported foreign nationals are not automatically banned from entering the U.S. again. While there are a few instances when the imposition of a permanent ban is necessary (such as a conviction for serious criminal offenses), most concerned foreigners can actually re-enter the country after the following waiting times:

  • Five years, usually for foreign nationals who were summarily deported upon arrival in the U.S.;
  • 10 years, usually for foreign nationals who had to undergo deportation or removal proceedings in an immigration court; and
  • 20 years, usually for foreign nationals who attempted to unlawfully re-enter the country before the termination of the ban.

Again, these waiting times may vary for every person and case. At the end of the day, the best option for these foreign nationals is to hire a deportation defense attorney near you to seek legal advice or to avoid deportation altogether.

Let Lawrina help you find the best lawyer for deportation defense near you. Click this link to start.