Under U.S. law, there are certain criminal offenses for which the U.S. government can deport an otherwise legal immigrant. In order to do this, however, they must be able to prove the criminal act rose to the standard of a deportable offense. The immigrant will be given a notice to appear (NTA) by the Department of Homeland Security, which will outline the reason for their deportation and a date to appear before an immigration judge.
If you have received an NTA, you are probably concerned, to say the least. But you have a right to fight the deportation order and force the government to prove the grounds on which they are trying to deport you. In order to do this, you will need to aid of a qualified Hobart deportation defense lawyer.
The Hobart immigration attorneys at Kriezelman Burton & Associates have the experience you need to successfully defend you during a deportation hearing. With decades of compassionate advocacy, we ensure that you are treated fairly by the courts. Give us a call or talk to us online to set up an appoint. We can help.
Otherwise, legal immigrants can be deported, but the government must provide the court with legal grounds for doing so. These grounds can be divided into three categories.
First, the government can claim that you lied, omitted relevant information, or otherwise presented fraudulent information during the application process for your green card. If they can prove this, it would be considered valid grounds for deportation. Your attorney’s job is to force the DHS to prove its case by providing the court with evidence. As your attorney, we will examine that evidence and make sure that it can not be explained by something other than fraud.
Second, the government can claim that you committed an “aggravated felony.” There is no specific legal definition for aggravated felony, so it is left up to the court’s discretion to determine if a particular crime rises to that standard. Typically, crimes involving serious violence can be considered grounds for deportation. Your attorney’s job is to use case law to show that your particular crime does not rise to the standard of an aggravated felony based on either mitigating circumstances or the facts of your case.
Third, the government can claim that you committed a “crime of moral turpitude.” Crimes of moral turpitude fall into one of two categories. The first category is vice crimes. Certain types of drug crimes and prostitution can be considered crimes of moral turpitude. In addition, associating with a dissident political group or a criminal organization can both be considered deportable crimes.
Kriezelman Burton & Associates understand how important your residency is. Our Hobart deportation defense lawyers can help you fight a deportation order. Give us a call or talk to us online and we can begin discussing your options.
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