For legal immigrants, receiving an NTA (notice to appear) can be a scary event. NTAs are issued when the Department of Homeland Security (DHS) has determined that you are no longer allowed to stay in the United States and should be deported. As scary as this is, you should keep in mind that you still have rights. You can fight the deportation order.
In order for the government to deport a legal resident, they must show cause or give a legal reason. They will list this reason on the NTA. At this point, you should call the attorneys at Kriezelman Burton & Associates. We have successfully helped numerous legal residents and green card holders fight deportation orders issued by the DHS. We have decades of experience standing up for the rights of immigrants. Give us a call or talk to us online before you give up. We can help.
In order for the government to initiate a deportation, it must have legal grounds. Your attorney’s job is to test the validity of those grounds. In some cases, the grounds can be as simple as the fact that you overstayed your visa. In other cases, criminal offenses can also be cause to jeopardize your visa.
There are two categories of offenses that the government will consider valid grounds for deportation. These are aggravated felonies and crimes of moral turpitude. Both are highly subjective and can be interpreted in various ways by different judges. They may also depend on the current administration’s policies.
What is an aggravated felony? Typically, an aggravated felony will include some kind of violence. If you have been charged and convicted of a violent crime, it may be difficult to persuade an immigration judge that a deportation order is invalid. In some cases, however, there may be mitigating circumstances such as provocation.
Moral turpitude is associated with crimes of vice. These can include drug crimes, prostitution, or political crimes such as joining a group whose primary aim is to disrupt the U.S. political process.
Generally speaking, the burden of proof is on the state to show that a crime you committed rises to the standard of a deportable offense. Your attorney’s job is to show using legal precedent that your offense does not rise to that standard.
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