The Atlanta immigration lawyers at Pozo Goldstein, LLP are uniquely qualified
to represent clients in defending them against deportation from the United
States. Anyone who is not a United States citizen can be placed in removal
proceedings and ultimately be deported. Even a lawful permanent resident
(green card holder) can be deported under certain circumstances.
Those in the United States on a temporary visitor, work or student visas
can be deported for violating the terms of their visa. Violations range
from working when not permitted and overstaying the length of authorized
stay, for instance. Those admitted and under threat of deportation have
a right to appear before an Immigration Judge to defend themselves against
Green card holders, who are permanent residents of the United States can
also be placed in removal proceedings for being convicted of certain criminal
offenses or because of the discovery of fraud in their adjustment of status
process. Certain crimes are defined by immigration case law as “crimes
involving moral turpitude” and, in most cases, convictions for these
crimes result in removal proceedings. Additionally, drug-related crimes
are deportable crimes under the Immigration and Nationality Act. It is
critically important for non-citizens to consult an Atlanta immigration
attorney before accepting a plea deal in any criminal proceeding. After
the plea is complete, and the conviction is final, there is generally
nothing that can be done to reverse the damage to one’s immigration
status if there is not a waiver available. While Congress provided for
waivers to certain crimes and grounds of deportability, not everyone can
take advantage of these waivers due to the types of crime or the timing
of the conviction.
Defense against deportation comes in various forms. The affirmative defenses
come in the form of adjustment of status to lawful permanent resident,
for example and the defensive applications can come in the form of political
asylum or waivers such as a 212(h) waiver or cancellation of removal application.
It is critical to be represented by a professional and competent Atlanta
immigration lawyer if you face removal proceedings and deportation from
the United States. The landscape of immigration law and procedure is fraught
with pitfalls and obstacles that can have an adverse effect on your immigration
status and future in the United States.
Removal proceedings take place in Immigration Court. There is an Immigration
Judge who presides as the impartial finder of fact, a prosecutor who has
the United States government as his or her client, and the respondent
represented by an immigration attorney. The removal hearing is conducted
much like other court hearings except that, unlike the criminal court,
the burden of proof is on you, the respondent to show why you should be
permitted to remain in the United States. The burden of proof is not on
the government and you only have a right to a lawyer at your own expense.
The government will not provide an attorney for you.
The U.S. government has all the resources it needs to prosecute the case
for deportation against you. As former immigration prosecutors, our Atlanta
immigration attorneys have stood in the shoes of those who will prosecute
the case against you. The prosecutors have the resources to obtain evidence,
witnesses, and use investigators in their case. You cannot represent yourself
in deportation proceedings and have a chance to prevail. It is absolutely
important to hire the best Atlanta immigration lawyer possible to help
you defend yourself and fight for your rights and that of your family.
Deportations are at an all-time high and Immigration and Customs Enforcement
agents are working very hard to sustain the amount of deportations as
they anticipate comprehensive immigration reform on the horizon. While
President Obama has relaxed deportation of certain individuals, such as
parents of minor children, this does not include anyone convicted of a
If you are facing removal proceedings or anticipate facing removal proceedings;
if you are facing criminal charges and you are not a U.S. citizen, call
now for a
free in-house consultation
in our Atlanta office.