Deportation & Removal
Deportation, also known as removal, occurs when the federal government orders a non-citizen to be removed from the United States, typically after the violation of immigration or criminal laws. Deportation and removal occur frequently across the United States, and a large percentage of legal matters pertaining to immigration involve these processes. If you or someone you care about is in danger of being deported, or if removal action has already begun against you, you need to immediately seek representation from an Atlanta immigration lawyer at The Muhammad Firm.
Before a person is deported, a removal hearing will be held to determine whether or not they are subject to being removed from the country. It is vital to have support from an attorney during this time because they will fight to protect your rights and look out for your best interests. Whether the deportation occurs because of an immigration violation such as an expired Green Card or Visa, or a criminal offense, you will need to have an experienced and aggressive lawyer like immigration attorney Kenneth Muhammad on your side.
Attorney Helping with Deportation & Removal Issues
If appropriate for your situation, your immigration attorney may request a type of discretionary relief. One type of discretionary relief is voluntary departure. Voluntary departure avoids the stigma of formal removal by allowing an otherwise removable alien to depart the United States at their own expense and return to their home country or another country if the individual can secure an entry there. It is important to note that aliens granted voluntary departure must depart within the time specified by the Immigration Judge. Although an Immigration Judge has the discretion to set a shorter deadline, aliens granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those granted such relief at the conclusion of removal proceedings must depart within 60 days.
Cancellation of removal is another form of discretionary relief that your lawyer may advise you to consider. This form of discretionary relief is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:
- Has been a lawful permanent resident for at least 5 years;
- Has continuously resided in the United States for at least 7 years after having been lawfully admitted; and
- Has not been convicted of an "aggravated felony," a term that is more broadly defined within immigration law than the application of the term "felony" in non-immigration settings.
Contact an Atlanta Immigration Attorney at The Muhammad Firm today for more information about deportation & removal!