Archive for category: Deportation

Deportation, as defined by the U.S. government, is the formal process of removing a noncitizen from the country for violating immigration laws. It’s a serious and often overwhelming experience, particularly with the risk of being prohibited from reentering the United States for many years—or permanently. Despite the challenges, it’s essential to know that you still have important legal rights. 

A Florida deportation lawyer at Bassey Immigration Law Center can provide experienced, strategic defense for individuals facing removal proceedings. We work to protect your right to remain in the United States by exploring all available forms of relief, including asylum, cancellation of removal, adjustment of status, and applicable waivers. Our team vigorously advocates on your behalf, ensuring your case is thoroughly prepared and presented with the strongest possible legal arguments. Contact us today to schedule an affordable consultation and take the first step toward securing your future. 

Deportation Proceedings  

Removal proceedings begin when a noncitizen is detained by ICE or issued a Notice to Appear in immigration court. This formal legal process determines whether the individual should be removed from the United States based on immigration law violations.  

Although often called deportation, “removal proceedings” is the correct legal term under current U.S. immigration law. As noted, during these proceedings, the individual has the right to be represented by an attorney, challenge the grounds for removal, and apply for relief such as asylum or cancellation of removal.   

Reasons for Deportation  

If you are convicted of certain serious crimes, deportation is a strong possibility—even if you hold lawful permanent resident status and possess a green card. In addition to criminal convictions, other common grounds for removal include: 

• Overstaying a visa or violating visa terms 

• Committing fraud or misrepresentation in immigration applications 

• Being deemed a threat to public safety or national security 

• Working in the U.S. without proper authorization 

• Entering the United States unlawfully 

Each of these violations can trigger removal proceedings, and even long-term residents may face deportation if found in violation of immigration law. 

Your Rights 

The U.S. Constitution guarantees you certain rights. These include the right to remain silent when questioned by ICE, the police, or other authorities about your immigration status. Remember that anything you say to such officials can be used against you in immigration court. You have the right to refuse to consent to being searched if asked.  

Other rights include the following: 

Traffic Stops 

At a traffic stop, you are legally required to show a law enforcement officer your driver’s license, proof of insurance, and vehicle registration upon request. However, you are not required to answer questions about your immigration status and have the right to remain silent beyond providing those documents. 

If you are stopped by ICE or U.S. Customs and Border Protection (CBP) while driving, you may be asked to present documentation showing lawful immigration status, such as a passport, green card, or visa. If you do not have legal status, you still have the constitutional right to remain silent and should not answer questions or provide false information. You are not required to sign any documents or disclose more than your identity unless presented with a lawful warrant or court order. 

ICE 

If ICE comes to your home, you are not required to open the door, and you should advise all family members to do the same. To legally enter your home, ICE must have a warrant signed by a judge—specifically, a judicial warrant, not an administrative one. Most ICE agents carry administrative warrants, which are not signed by judges and do not authorize entry into your home without your consent. Unless ICE presents a valid judicial warrant, you have the right to refuse entry and remain silent. 

ICE often uses Form I-200 (Warrant for Arrest of Alien) or Form I-205 (Warrant of Removal/Deportation)—these are administrative warrants, not signed by a judge, and do not grant authority to enter a home without permission. 

The Right to Consult an Attorney 

You have the right to consult with an attorney and obtain legal representation during immigration proceedings. However, because immigration court is civil—not criminal—the U.S. government is not required to provide a government-funded attorney, so you must find and retain an immigration lawyer on your own.  

You also have the right to a fair hearing, including the opportunity to present evidence, call witnesses, and challenge the government’s case. If you receive a removal order you believe is unjust, you may have the right to appeal to the Board of Immigration Appeals and, in some cases, to federal court.  

Additionally, if English is not your primary language, you have the right to a qualified interpreter during your hearing to ensure you understand the proceedings and communicate effectively with the judge. 

Contact a Florida Immigration Appeals Lawyer  

If you are facing deportation proceedings, it is critical to have an experienced Florida immigration appeals attorney from Bassey Immigration Law Center, P.A., by your side. Schedule an affordable consultation today to discuss your legal options. In some cases, we may be able to secure a stay of removal while your appeal or other forms of relief are under review.  

Depending on your situation, you may also be eligible for alternative relief, such as asylum, refugee status, or adjustment of status—especially if you have close relatives who are U.S. citizens. Let our team guide you through the process and protect your right to remain in the United States. 

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.

This post has been reviewed by immigration attorney, Aniefiok Bassey.

On behalf of Bassey Immigration Law Center, P.A.

In Florida, you may qualify for an immigration bond if you are detained by U.S. Immigration and Customs Enforcement (ICE) and are not considered a flight risk or a danger to the community. Typically, those who are subject to mandatory detention due to criminal convictions such as drug offenses or violent crimes may not qualify. You must also request the bond hearing. While you do not need an attorney to ask for an immigration bond, those with legal representation generally have a more successful outcome.

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.

What is an Immigration Bond?

An immigration bond is a payment that allows a detained immigrant to be released from ICE custody while their case is pending. It acts as a guarantee that they will appear for future court hearings and comply with the legal process. Keep in mind that missing any hearing generally means immediate deportation.

Family or friends who are Lawful Permanent Residents (LPRs) or U.S. citizens who speak English (to be able to read the bond contract) must provide ICE with funds to ensure the person does keep that promise. Failure to do so means the bond money is forfeited or lost. By law, the minimum amount of an immigration bond is $1,500, but it can be significantly higher. You cannot be released from detention until it is paid.

If deportation is ordered, you must leave before the bondholders are repaid. If you attend all their hearings, the bondholders get their money back when your case is resolved.

Who Does Not Qualify for an Immigration Bond?

Some people will not qualify for an immigration bond. It includes those subject to mandatory detention due to specific criminal convictions, such as serious drug offenses, aggravated felonies, or crimes involving moral turpitude. Additionally, anyone with prior deportation orders or considered a flight risk or a danger to the community may also be ineligible.

In some cases, ICE may decide that the person is not answering their questions truthfully or is otherwise non-cooperative. Under these circumstances, they would not qualify for an immigration bond.

Bond Denial Appeals

If denied bond, you can appeal the decision to the Board of Immigration Appeals (BIA). Start by filing the Notice of Appeal, Form EOIR-26, within 30 days of the judge’s decision. The BIA must receive this form within the 30-day deadline, or it will not be considered.

Contact a Deportation Lawyer at Bassey Immigration Law Center

Every member of our team at Bassey Immigration Law Center has personal experience with the immigration process, so we understand the stress you are under and the importance of resolving this situation quickly and efficiently. It may not be just you but your spouse and children whose futures are in jeopardy with potential deportation.

Let Bassey Immigration Law Center help you protect yourself and your loved ones. Call our offices today in Tampa, Clearwater, or St. Petersburg to speak to a deportation lawyer.

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. 

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.

This post has been reviewed by immigration attorney, Aniefiok Bassey.

On behalf of Bassey Immigration Law Center, P.A.

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. 

What Additional Factors 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.  

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.

This post has been reviewed by immigration attorney, Aniefiok Bassey.

On behalf of Bassey Immigration Law Center, P.A.

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.

What are 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.

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.

This post has been reviewed by immigration attorney, Aniefiok Bassey.

On behalf of Bassey Immigration Law Center, P.A.