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Deportation Defense

Tampa Deportation Lawyer

Facing deportation and removal proceedings can be a frightening and stressful experience. At Little Law, P.A., we defend the rights of immigrants, green card holders and their families, and can offer proactive and compassionate legal help. If you or a family member is facing deportation, we can represent you in all stages of the process, including bond hearings, master hearings, and individual hearings. To learn more about how a Tampa, Florida, deportation lawyer can help you understand your rights and options, contact us today.

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How Do Deportation Proceedings Work?

Deportation doesn’t necessarily mean that will be automatically removed from the U.S. Removal proceedings typically move quite slowly, as Immigration and Customs Enforcement (ICE) must follow a strict legal process.

However, if you’re accused of a crime that occurred within 100 miles of the border and you’ve been in the U.S. for less than two weeks, ICE can arrange a hearing and petition the court for expedited deportation. This can be completed in two weeks or less. If you’re facing expedited deportation, it is essential that you speak to a deportation lawyer as soon as possible. Typically, deportation proceedings take many months to resolve.

Traditional deportations will involve the following:

  • In detained cases, an arrest by the police, border patrol or ICE
  • A notice to appear that should give you a time, date and place for your first court hearing
  • A series of court hearings during which your case will be decided.

If the ruling goes against you, then:

  • The judge will issue an order for removal.
  • You will be physically removed from the U.S.

If you have received a notice to appear, don’t panic. You still have options and defenses available to you. But you need a Tampa, Florida, deportation lawyer who can build an effective strategy that can help protect you and your loved ones.

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What To Do If You’ve Been Arrested Or Detained

Ask to speak to your attorney immediately. As a legal resident of the U.S., you have the same legal rights as everyone else. These include the right to due process, the right to remain silent and the right to refuse searches. You also have the right to speak with an attorney. Until you have a deportation attorney present, you should not:

  • Provide any documents to authorities
  • Answer any questions; you have the right to remain silent and should politely exercise it.
  • Sign any documents created by ICE or the police
  • Let an ICE agent into your home unless they have a warrant

If you are approached by ICE agents or local police, it is imperative that you do not speak with them until you have an attorney present. You may be inclined to think that because you’ve done nothing wrong, you have nothing to hide. That may be the case, but you’re still at risk of endangering your immigration status. Having an immigration lawyer present limits your exposure and ensures that you can mount a sound defense to any charges against you.

If you’ve been arrested, you may be detained for 48 hours before authorities charge you with any crime or initiate deportation proceedings. ICE has sometimes targeted immigrants with seemingly minor infractions. If they believe that you have provided false or misleading information to immigration officials, this may also be grounds for deportation. If you believe you’re at risk of being deported, talk to a Tampa, Florida, deportation immigration lawyer before ICE knocks on your door. We can advise you at each stage of the process.

What Are Grounds For Deportation?

In order to initiate deportation, ICE agents or DHS officials must establish grounds for the removal. In other words, they must provide a reason why an immigrant should be deported. Some of these grounds include violations of the law, including seemingly minor infractions, while others address questions of fraud during the application process.

Deportation Risks: Inadmissibility After Extended Absence

In cases where a green card holder has lived outside the country for 180 consecutive days or longer, they may be denied reentry into the U.S.

Deportation for Criminal Convictions: Know Your Rights

Depending on the type of criminal conviction you have on your record, ICE may initiate deportation proceedings against you. These include drug offenses, prostitution offenses or other crimes of “moral turpitude.” For green card holders, these crimes must have been committed within five years of obtaining green card status. In cases where a green card holder is convicted of an “aggravated felony,” they can be deported at any time.

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