The United States attracts many foreigners because of the freedom and opportunities it offers. When a person enters this country, he or she usually has hopes of staying here indefinitely.
However, if an immigrant does not follow the laws of this country, he or she could face deportation. A person who commits a crime, overstays a visa, or comes into the country without documentation is subject to deportation. Unless expedited removal is at play, deportation involves a series of steps that could cause the person to return to his or her home country.
If you or a family member is facing deportation, it is important to understand the steps involved. You also need to understand your rights. A Grand Rapids deportation defense lawyer can help provide you with a defense or help you file an appeal, if needed.
A person can be arrested by local or federal law enforcement for violating the terms of a visa, committing a crime, or attempting to enter the United States illegally. Local police officers who arrest a person can share the details with the U.S. Immigration and Customs Enforcement (ICE). ICE can ask the police to hold the person for up to 48 hours. The person must be released after that time, but the person can still be arrested at a later time. U.S. Border Patrol can also arrest a foreigner and turn over the person to ICE’s custody.
ICE can make arrests at homes, businesses, schools, courthouses, and other places. The agency can then decide whether or not they want to proceed with deportation. They can decide to detain the person or release the person on bond. If the bond is granted and paid, the person is released. If the bond amount is too high, the person can appeal.
If the immigrant has not yet been arrested, ICE sends the person a Notice to Appear. This document lists the reasons why the person should be deported. The notice can be sent through the mail or delivered in person. The immigrant is given at least 10 days’ notice before having to appear in court.
The process involves multiple hearings. The immigrant can admit to or deny the charges. A person can stay in the U.S. if he or she has a valid defense. A valid defense includes marriage to a U.S. citizen, asylum, or cancellation of removal.
If a person is ordered to be deported, he or she may take a flight back home. Immigrants from Mexico may be walked or bussed across the border. The person has the opportunity to file an appeal, but the process could take months and the person will likely be incarcerated during this time.
Deportation can be a lengthy process. Make sure you get a lawyer on your side in time to prepare a solid defense.
Protect your legal rights with help from the Grand Rapids lawyers at Kriezelman Burton & Associates, LLC. We can help you avoid deportation. To schedule a consultation, fill out the online form or call (312) 332-2550.
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