Archive for category: Deportation

How Can I Determine If I Am At Risk Of Deportation? 

Bassey Law clearwater office location. Learn how you can determine if you are at risk for deportion.

You can gauge your risk of being deported by assessing your immigration status and the terms of your visa. For example, you have an F1 student visa but didn’t apply for a renewal. Other risks include having a criminal record or failing to disclose a change of address, among others. By thoroughly analyzing your circumstances, an experienced deportation and removal defense lawyer at Bassey Immigration Law Center can help you better understand the risks you face. With law offices in Tampa and Clearwater, we are a trusted source of immigration law throughout Florida. Schedule an affordable consultation today.  

5 Questions to Assess Your Deportation Risk 

To assess your risk of deportation, it can be helpful to ask yourself the following questions: 

  • What is the status of my visa? Overstaying a visa is one of the main reasons people get deported from the U.S. Carefully review the terms of your visa, including duration of stay, work requirements, and renewal and extension guidelines, to determine if you are in compliance. 
  • Am I an undocumented immigrant? Anyone who enters the U.S. without proper authorization is at risk of deportation. In 2021, Homeland Security Secretary Alejandro Mayorkas said, “immigration officers can no longer detain and deport people from the U.S. solely because they are undocumented.” However, the new guidelines mandate a case-by-case assessment of individuals to determine if they fall under priority categories.  
  • Is my criminal record clean? Any criminal offense on your record can place you at a higher risk of deportation. Certain aggravated felonies can result in expedited removal. A minor offense may not warrant deportation, but it could draw unwanted attention from immigration authorities. 
  • Was your immigration paperwork properly handled? Mistakes or misrepresentations in a visa application, petition for adjustment of status, and other paperwork can not only derail your immigration goals but also place you at risk of deportation. 
  • Do I face persecution in my home country? The circumstances you would face if you returned to your home country could affect your risk of deportation. For example, you may be eligible for asylum if you face persecution due to race, religion, class, gender, nationality, or political affiliation.  

Consult with a knowledgeable deportation attorney in Tampa, FL, who can review the unique circumstances of your case and offer advice and guidance. 

I Am at Risk: Now What? 

If you determine you are at risk of deportation, do not panic, but ensure you make sound, informed decisions going forward. Learn about immigration laws and how they affect you. Reach out to trusted friends, family members, and advocacy groups who have your best interests in mind. Begin collecting documentation that can shine a favorable light on you if your case should end up in an immigration court. 

Most importantly, be proactive and contact an experienced immigration lawyer as soon as possible. They can help assess your risk of deportation and explore strategies for lowering or eliminating that risk. They can also help you advance your immigration status, whether extending a visa, obtaining a waiver, or seeking an adjustment of status. 

Schedule a Consultation if You Are at Risk of Deportation  

The threat of deportation can be frightening, but our experienced legal team can help you understand all the legal options available. At Bassey Immigration Law Center, we have over a decade of legal experience resolving many challenging immigration issues. Our multilingual team fully understands the immigrant experience and knows how to successfully fight for your future. Contact us today to discuss your concerns in a confidential, affordable consultation. 

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When a Person is Deported, Can They Come Back? 

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A person who has been deported from the United States generally cannot come back immediately. However, under the right conditions, they can return after five, ten, or twenty years, possibly sooner in a limited number of cases. The delay depends on the circumstances of their deportation. 

Non-U.S. residents with questions or concerns about deportation can get straightforward answers from a Tampa, FL deportation defense attorney at the Bassey Immigration Law Center. We help individuals in Florida and elsewhere throughout the United States respond to deportation threats and actions and legally return to the United States. You can count on us for full accessibility to your suggestions, questions, and concerns. Schedule an affordable consultation today. 

How Long Does a Deported Person Have to Wait Before Returning to the U.S.? 

The delay before a deported person can return to the U.S. depends on the circumstances of their deportation: 

  • A five-year waiting period applies to persons immediately deported when they attempted to enter the U.S. because immigration officials determined they were admissible. A minimum five-year ban also applies to non-residents who do not appear for their scheduled removal hearings. 
  • A ten-year waiting period applies to persons subject to removal orders issued by an immigration law judge in a hearing before an immigration court. 
  • A twenty-year waiting period applies to persons who are convicted of an aggravated felony in a state or federal court and to persons who have become subject to more than one removal order. Further, persons who illegally return to the United States before their applicable waiting periods expire will likely be subject to a twenty-year ban. 

If you are unsure of the waiting period that applies to your deportation circumstances, contact an immigration attorney for deportation defense, who will review your situation and provide specific information about when you or a family member will be eligible to return to the United States. 

Are There Exceptions to the Waiting Periods? 

Deported persons who want to come back to the United States should complete and file Form I-212  along with the required filing fee and all supporting documentation. Among other matters, supporting documentation should demonstrate: 

  • If the deportation was the result of  a criminal conviction, a full rehabilitation from that conviction 
  • Good moral character 
  • Connections with family members who are legally residing in the United States. 

Persons who were deported based on specific grounds, for example, violating a specific immigration law or a crime of moral turpitude, should also complete and file Form I-601. Deported persons may qualify for a waiver of those grounds if they show, for example, that their continued absence from the U.S. will cause extreme hardship to a spouse or other family members. 

There is no guarantee that U.S. Immigration Services will grant an exception to any waiting periods for readmission into the United States. However, in all cases, an experienced immigration attorney can provide valuable assistance to complete and file the required forms in ways that substantially improve a deported person’s opportunity for quicker re-entry. 

Call the Bassey Immigration Law Center for Help After a Deportation 

For more than 20 years, our attorneys at the Bassey Immigration Law Center in Tampa, Florida, have helped immigrants and their families challenge deportations, secure readmission after deportation, and gain permanent residency status in the United States. Please call us for information on how you or a family member can get back to the U.S. after deportation and for answers to questions you may have about how we can help you with your immigration case. 

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How Quickly Can Someone Be Deported? 

Office building bassey immigration lawyers in Tampa,FL Learn about how quickly can someone be deported.

The timeline for deportation can vary from a few weeks to several years, depending on your immigration status, country of origin, criminal history, and other factors, including the extensive backlog in immigration courts. Another critical element is whether the non-citizen fighting deportation has retained skillful representation.  

Defending against deportation requires a thorough understanding of multiple areas of law, so it is important to choose an attorney with in-depth experience. At Bassey Immigration Law Center, we handle all your immigration law needs. A skilled and dedicated deportation defense lawyer at our firm can explain your options and possible outcomes and then take the necessary steps to put up your best defense. Schedule an affordable consultation today. 

A Closer Look at the Deportation Process 

The process begins with the service of a Notice to Appear by ICE. This is typically followed by multiple court appearances and appeals and then detention and removal for those individuals who have lost their cases.  

The Notice to Appear should include why the government is seeking your deportation and the legal basis for that decision. These reasons can vary widely and may consist of allegations that you overstayed a visa, committed a crime, are an undocumented immigrant, or are otherwise in violation of U.S. immigration laws. 

You will have a chance to argue your case before an immigration court. A positive outcome could take many directions, depending upon the unique circumstances of your case. These outcomes could include cancellation of removal, approval of an immigration waiver, adjustment of status, or some other form of relief. However, even if you’re found not removable in court, there’s still a chance that ICE will appeal that decision. 

Moreover, even if a court deems you are subject to deportation, the date of your physical removal may still lie years in the future. The immigration court system moves slowly. If you appeal the initial decision, it may take years for an immigration court to hear that appeal. 

Additional Factors That Can Change the Timeline of Removal 

Additional factors may also affect the timeline of your deportation, which can consist of the length of time you’ve been in the U.S., your distance from the nearest border, whether you have close family ties in the U.S., the likelihood you will be persecuted in your home country, and your criminal record. 

Finally, when you receive a notice of a deportation hearing, seek legal help as soon as possible. Even if you or your loved one already faces deportation proceedings, you can request an adjustment of your status to that of a legal immigrant and thus avoid being deported. In such circumstances, you would need to qualify for a green card, asylum, or other types of relief.  

Schedule A Consultation with Bassey Immigration Law Center 

At Bassey Immigration Law, we explain your options and possible outcomes and then take the steps needed to put up your best defense. In addition to our experience handling immigration law matters, we also have personal experience that helps us understand and empathize with our clients. A deportation defense lawyer in Clearwater is prepared to make a proactive and positive difference in your case. 

If you or someone close to you is facing deportation/removal, we are here to provide you with the trusted counsel and skilled representation you need. Schedule an affordable consultation today.  

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Can I Adjust Status While in Removal Proceedings?

If you are an undocumented foreign national in removal proceedings, it may be possible to adjust your status, or obtain a green card, if you meet certain requirements. Clearwater immigration lawyers at Bassey Immigration Law Center want you to know your options so you can make informed decisions about your future.

What Is Immigration “Adjust of Status?”

Adjustment of status is the process of applying for lawful permanent resident status while in the United States. Eligibility for a green card is determined based on specific requirements, including admissibility as an immigrant, multiple previous lawful entries to the U.S., and an approved visa petition.

A green card offers permanent residency in the U.S. and all the benefits that come with it:

  • The ability to travel freely overseas
  • Access to Social Security and other programs
  • The opportunity to sponsor family members for permanent resident status

Eligibility Requirements for Status Adjustment During Removal

It’s a common misconception that if you are in the middle of removal proceedings, you cannot adjust your status. But it is possible for individuals who meet the following eligibility requirements:

  • You have a relative who qualifies. This is a U.S. citizen child aged 21 or older, or a parent or spouse who is a U.S. citizen.
  • You were inspected/paroled before admittance to the U.S. If you entered the country without going through the immigration process, you are most likely ineligible.

Exceptions and Options for Adjustment

Immigration law is continually evolving. There are many exceptions and avenues along the path to obtaining a green card.

For example, if you marry a U.S. citizen during removal proceedings, that change qualifies you to apply for a status adjustment. Marriage is one of the most common scenarios we see as removal defense lawyers working with clients throughout Florida.

Or let’s say you have been convicted of a crime, but you already have a green card. While a criminal conviction is generally cause for removal, it may be possible to re-adjust your status to obtain a new green card and avoid deportation.

It’s best to speak directly with a Bassey Immigration Law Center deportation lawyer to discuss your individual situation.

What Is the Process to Adjust Status During Deportation Proceedings?

The first step is to have a qualifying family member complete and submit Form I-130– Petition for Alien Relative to the USCIS. From there, USCIS confirms the family member’s green card or citizenship status and any available proof of their relationship to you, like a wedding or birth certificate, for example.

If the petition is granted, you will submit Form I-485 Application to Register Permanent Residence or Adjust Status to the judge. That immigration judge makes a determination based on the evidence provided.

Because the standard for approval is much higher compared to a regular application for status adjustment, it is incredibly important that your application is accurate, truthful, and complete. An immigration lawyer knows what judges are looking for and will help ensure you have the necessary documentation to make a strong case for a green card and relief from removal.  

Schedule Consultation Today

As you can see, the laws and guidelines for adjustment of status are complex. We are here to help. If you are in the middle of removal proceedings, we will explore all of your options to take the action that makes sense for you and your family.

We have the experience and the skills to help make your dream of life in the U.S. with your family a reality. Call or connect online to schedule a consultation with Bassey Immigration Law Center today. Our multilingual team is ready to assist you in our Tampa or Clearwater, Florida locations.

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Can Deportation Be Waived?

Deportation is not always a final decision. You may have your deportation waived and receive permission to remain lawfully in the United States as a resident. However, immigration laws are complex and constantly changing. Consult a removal defense attorney for up-to-date information and professional legal guidance.

Grounds for Deportation

Immigration to the United States is treated as a privilege, not a right. Consequently, grounds for deportation could range from minor infractions to serious crimes.

Here are some of the most common or likely reasons for deportation:

  • Documentation fraud, such as making unauthorized changes to paperwork to suit the evidence needed to build your case.
  • Lying on a visa application, such as stating you are divorced when you are still lawfully married in your home country.
  • Entering the U.S. illegally, such as crossing the border without using an established checkpoint.
  • Visa overstay, such as remaining in America beyond 180 days on a visiting visa.
  • Committing a crime while in the United States, such as smuggling.

Waivers of Inadmissibility

The United States may deem someone inadmissible for several reasons. Examples include criminal records, infectious diseases, illegal initial entry into the United States, or polygamy. However, you may pursue a waiver.

There are three main types of waivers that immigration lawyers in Tampa may recommend:

  1. I-601A Provisional Waivers:These are specifically for people who entered the United States illegally or overstayed their visas.
  2. I-601 Extreme Hardship Waivers: USCIS does not specify what “extreme hardship” means, but examples could range from financial reasons to physical safety.
  3. I-212 Waiver Returning After Removal: This waiver is for people who have already been deported from the United States and wish to re-apply for lawful entry.

Eligibility for Waivers

To be eligible for a waiver, you must demonstrate being a low priority for deportation and prove your removal would cause extreme hardship to yourself or your family. USCIS warns you must be physically present in the U.S. to file an inadmissibility waiver. In addition, there are specific requirements that apply on a case-by-case basis.

For example, if you have been convicted of a crime, the Department of Homeland Security may require proof that you have rehabilitated since the incident and changed your behavior.

Or, if you divorced the spouse on whom your residency eligibility depended, you may receive a waiver if there is evidence of domestic violence.

Consult With Our Immigration Lawyers in Tampa

No one wants to face deportation after making the difficult decision to leave their home country behind. It is especially challenging for people who may not have families or homes to return to. Whatever your situation, an experienced lawyer for deportation can review your case and help you determine an appropriate course of action.

We understand your situation because we’ve been there. Contact Bassey Immigration Law Center to see how we can help.

 

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How Do You Beat a Deportation Case?

While every case is unique, it is possible for foreign nationals to fight deportation orders and remain in the United States. The key is proving that you have valid grounds in which to legally stay. If you’ve gotten a Notice to Appear from the Department of Homeland Security, all hope is not lost. There are several ways to win a deportation case, but it all hinges on the grounds on which the government is seeking removal and your individual circumstances. 

Due to the time-sensitive and complex nature of deportation cases, it’s important to consult with a removal defense attorney who can explain your rights and the best tactics moving forward. Here are some strategies that may help you overcome a removal proceeding.

Suspension of Deportation/Cancellation of Removal

If the following criteria can be proven, a cancellation of removal may be granted to nonpermanent residents.

  • You have been continuously physically present in the U.S. for at least 10 years
  • You are a person of good moral character
  • You have not been convicted of any crimes
  • Your deportation would result in extreme hardship to family members who are U.S. citizens or lawful permanent residents
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Asylum

Many immigrants seek asylum in the United States after experiencing or fearing persecution in their country of origin. If you have faced imprisonment, threats of violence, torture or rape based on your sexual orientation, ethnicity, fender, nationality or political beliefs, you may be able to prevent deportation.

Withholding of Removal

This defense may be viable if you do not qualify as an asylum seeker, but can prove that your life and freedom would be jeopardized in your home country because of your particular religion, race or political views.

Adjustment of Status

Immigrants who have entered the U.S. lawfully may be eligible for an adjustment of status, even in the midst of deportation proceedings. The following scenarios may warrant an adjustment of status

  • Sponsorship from an employer or family
  • Marriage
  • Asylum has been granted for 12 months

Nicaraguan Adjustment and Central American Relief Act (NACARA)
Under the NACARA program, nationals of Guatemala, El Salvador and certain former Soviet bloc countries may be able to suspend deportation orders and eventually obtain a Green Card. Eligibility requirements include continuous physical presence in the U.S. for at least 7 years, no prior criminal record or aggravated felony convictions, and proof that removal would cause extreme hardships for immediate relatives in the U.S. who are legal permanent residents or citizens.

Schedule a Consultation

U nonimmigrant status (U-Visa)

If you have experienced severe physical or mental suffering from a criminal activity in the U.S. – such as trafficking, sexual assault, extortion or other qualifying acts — and will agree to help law enforcement investigate and prosecute the wrongdoings, you may be able to avoid deportation and achieve lawful permanent resident status.

Speak to an Immigration Attorney about Deportation Defense

Bassey Immigration Law Center has extensive knowledge of removal laws and deportation procedures. Our multilingual legal team educates and advocates for clients as we help them work toward the most favorable and efficient resolution.

For expert legal guidance on beating a deportation or removal order, speak to an immigration lawyer Miami, FL residents have come to trust for solid defense strategies. Contact Bassey Immigration Law Center today for more information.

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What Happens at a Deportation Hearing?

In a deportation hearing, an immigration judge evaluates the case to determine whether the individual should be deported or allowed to stay in the country. Immigrants are permitted to bring their cases independently; however, those who hire experienced attorneys tend to see more favorable outcomes.

Immigration law is incredibly complex, often complicated further by language barriers, updated rules, heightened emotions, and other roadblocks. Florida residents and families touched by deportation have a friend and advocate in Bassey Immigration Law Center.

Schedule a consultation today!

The Deportation Process

Deportation typically begins with an investigation of the person’s immigration status. The U.S. government may then issue a Notice to Appear (NTA) in Immigration Court to respond to allegations of unlawful presence. Agents may decide to detain the person to ensure appearance at the hearing.

The U.S. Immigration and Customs Enforcement (ICE) detains and deports noncitizens if it believes the persons meet any of the following criteria:

  • Presents a threat to public safety
  • Engages in criminal or illegal activities
  • Has violated their visa

The Hearing Process

Immigrants may attend multiple hearings before the Immigration Court makes a final decision. Here are the three main pieces of the deportation hearing process.

  1. Calendar or Master Hearings: The court typically does not hear defenses at this stage; however, it is still important to attend for other business that may occur such as to admit or deny the allegations listed in the NTA. This is also the chance to coordinate the hearing schedule and schedule critical dates.
  2. Merit or Individual Hearings: This is the main event where evidence is presented in support of your staying in the country. Evidence may include legal arguments, relevant facts, and witness testimony. The judge will review the evidence and decide on a course of action, which may or may not lead to deportation.
  3. Appeals: If the judge deports you or your family member, you may appeal the decision to the Board of Immigration Appeals (BIA). You should typically file the appeal within 30 days of the initial decision. The BIA can review the evidence and may overturn the decision. If the BIA denies the request, all is not lost. Immigration attorneys in Florida can help you review additional options.
Have questions? Schedule a consultation.

Why You Need an Attorney

If you or a loved one is facing deportation, legal representation could make or break your case. Representation is especially important for cases involving a language barrier. Language barriers hinder the ability to independently review immigration laws and defend yourself or your loved one in court.

Are you looking for an experienced immigration attorney to handle your case? Our immigration lawyers in Florida know the immigration process inside and out because we’ve gone through it. Contact Bassey Immigration Law Center for a case review.

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Can You Be Deported at a Master Calendar Hearing?

You cannot be deported at a Master Calendar Hearing because it is the first in many steps in government efforts to remove you from residency in the United States. If you prepare for and attend that hearing, you have no risk of immediate deportation, particularly if you are represented by experienced removal defense attorneys.

Our attorneys at Bassey Immigration Law Center understand that the U.S. residency application process is often complex and confusing. Immigrants might be reluctant to attend Master Calendar Hearings for fear of being deported, but we are here to help. We fully understand the immigrant experience. We know how to fight for your future when a temporary or permanent resident status is questioned, a refugee seeks asylum, or a U.S. citizen seeks to marry a foreign national.

What is a Master Calendar Hearing?

A Master Calendar Hearing is the first of several courtroom proceedings that an immigrant must attend when the U.S. is attempting to remove them from the country. The immigration law judge, a prosecuting attorney representing the government, and the immigrant and their lawyer all participate in this hearing.

At a minimum, the judge will inform the immigrant of their rights and the removal charges that have been filed, set a schedule for the next hearing, and describe what they must do before that hearing. Judges at these hearings primarily explain existing charges and establish rules and guidelines for subsequent hearings.

Immigrants who attend Master Calendar Hearings without a lawyer but who desire legal representation are generally given additional time to retain a lawyer for their case.

How Can a Lawyer Help an Immigrant at a Master Calendar Hearing?

The government’s reasons for wanting to deport the individual will be highlighted at the hearing. Those reasons will also be explained in a notice that is sent. Therefore, your lawyer can review those reasons and any evidence the government might have about them. They can also gather evidence and prepare a specific and detailed response that rebuts all of the government’s allegations. In addition, they can also appeal rulings that go against an immigrant and ensure that their rights are respected during any removal proceedings.

Call Our Attorneys at Bassey Immigration Law

If you need representation from immigration lawyers in Florida or elsewhere in the United States, our attorneys at Bassey Immigration Law Center are your preferred option in all removal proceedings–including Master Calendar Hearings and all subsequent individual hearings. We have represented immigrants in all types of immigration matters for more than 20 years.

Please contact us online or call to speak directly with an experienced attorney as soon as possible after you receive a notice that requires you to attend a Master Calendar Hearing. If you retain our services, we will prepare professional defenses to all removal charges and fight to retain your residency status in the United States.

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Help with the next step when facing a removal order

A removal order is one of the biggest fears held by those in Florida who are not in the country lawfully or who are awaiting the next step in the immigration process. When someone is living in the United States, facing the possibility of having to leave the country can be devastating. When given notice of a removal order, it is possible to move forward with an appeal, but quick action is necessary.

Unfortunately, the appeals process can sometimes be more confusing than the initial immigration application process. Through an appeal, it may be possible for an individual to seek other options for lawfully remaining in the country, even on a permanent basis. One option is to appeal to the Circuit Court of Appeals, and other options include filing motions for reopening a case, reconsidering an application and staying deportation.

The right option for an appeal depends on the details of the individual situation. Whether it’s appealing with the Board of Immigration Appeals or filing a specific motion, prompt action is important in a case involving a removal order. The complex nature of immigration laws and the confusing appeals process make it important to have experienced legal guidance every step of the way.

A removal order is serious, but an individual and his or her family does not have to face it alone. There are options available, and working with a Florida deportation attorney can ensure that appropriate action is taken in a timely manner. It is beneficial to reach out for guidance as soon as after notification of the order.

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Medical Cancellation of Removal Can Stop the Deportation Process

Medical cancellation of removal could save your life if you are about to be deported. If you require medical treatment and have received a deportation order, you may wonder: can medical issues stop the deportation process? Florida residents have access to some of the best medical care in the world. A Cancellation of Removal can occur under several circumstances. Extreme hardship conditions due to medical issues may stop the proceedings.

According to the U.S. Citizenship and Immigration Services, the officer involved in your case can make exceptions for medical consequences. Depending on the cost, length of treatment and other details of your claim, it may warrant additional consideration. The medical treatment required can be for you or a family member.

The level of care needed may not be available in areas where civil unrest, catastrophic environmental events or ongoing violence exists. This may make your return and that of your family unsafe. If a family member in the U.S. legally receives a formal disability determination and they rely on you financially, your deportation proceedings may halt. There are also considerations if you have a disability and depend on your family in the U.S. for support.

The Department of State may provide information regarding the conditions of the health care system in the country to which you return. There is typically support for extreme hardship directives if there is a country-wide travel warning. When reviewing your case, it is the cumulative effect that helps determine the Cancellation of Removal. Extreme Hardship considerations also apply to issues other than health-related concerns. An experienced attorney experienced can help you understand your options and navigate the complex filing process.

This information is provided for educational purposes and should not be interpreted as legal advice.

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What Are Your Immigration Questions And Needs?

Contact Bassey Immigration Law Center, P.A.,

In Tampa Or Clearwater, Florida

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    Clearwater, FL 33764

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