Deportation Lawyers in Atlanta, GA

Atlanta Georgia Deportation lawyers assist individuals at risk of being forced to leave the United States. 

Foreign nationals who are living in the United States may be deported for a variety of reasons, and some of them may not be their fault.  Most often people who are involved in criminal acts, violate a visa, present a threat to public safety, or present forged, or fraudulent paperwork to the United States Government can be deported.  In the case of “no real fault of their own, Deferred Action for Childhood Arrival (DACA) applicants who are living with the constant worry that they may be deported upon their two year renewal, or due to some political moves by those that oppose DACA are in danger as well.  Atlanta Georgia deportation attorneys can allay the fears of many foreign nationals by addressing case specifics that may be easily corrected to stave off deportation.

Common reasons for deportation.

  • Committing a crime. Certain felonies, drug crimes, firearms violations and domestic violence are listed in the crimes that can lead to deportation.
  • Committing fraud. When immigrants are completing and filing visa applications, they must be honest about the reasons they are requesting citizenship and provide support documentation.  A common form of fraud is marriage for the intent of securing citizenship, when immigration authorities can prove that a marriage is not bona fide, individuals may be deported.  Providing false documentation, or lying on an application is also fraudulent behavior that can lead to deportation.
  • Failure to adhere to the restrictions of a visa. Individuals who overstay without a formally approved visa extension may be deported, as well as those that disobey the restrictions outlined on their type of visa in the United States.
  • Failure to notify USCIS of status changes. This could be as minor as not updating an address, or contact information.

Process.

People who come to the United States with falsified documents, or no travel documents at all may be deported without a hearing through an expedited removal proceeding.  For other foreign nationals, a scheduled hearing before a judge may afford them the ability to fight the proceedings in the longer deportation process with the assistance of a deportation attorney in Atlanta.

  1. The foreign national may have to stay in a USCIS detention center prior to a hearing, trial, or deportation.
  2. The United States Department of Justice, Immigration Court will hear the case for a ruling.
  3. When a judge rules for deportation, the home country of the person being deported must agree to accept them and issue travel documents to USCIS before they can carry out a formal removal order.
  4. Most deportations are accomplished by air travel at the government’s expense, but some utilize air and ground travel methods.
  5. S. Immigration and Customs Enforcement (ICE) identifies and removes criminal aliens from the United States. The ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program is designed to expedite that process by allowing select criminal aliens incarcerated in state prisons to accept early release in exchange for voluntarily returning to their country of origin. 

Contact Kuck | Baxter Immigration LLC – Atlanta Georgia Deportation Law Firm

Deferred Action for Childhood Arrivals (DACA).  

DACA is a United States Federal Government program that was created in 2012 under the Obama Administration. The program was designed to address the growing number of children of illegal immigrants, who are living in the United States (more than 800,000 young people at that time), who did not have access to necessary activities of American living, such as the ability to legally work, or obtain a driver’s license, in addition to exclusions from access to certain health insurance, and education benefits necessary for their socioeconomic mobility and health. Because of the widespread need for immigration reform and the sluggish movement by the federal government toward addressing some of these tenuous components, DACA was set up to temporarily shield a certain class of immigrants from being deported, and provided eligibility for work permits with unlimited renewal until Congress fully addresses immigration reform.

Citizenship. 

These individuals have not been granted permanent legal status because of the way they entered the United States, but DACA policy allows for them to work legally, obtain driver’s licenses and access other legal documents they may need to better their future with the prospect of American citizenship.  It was made clear that DACA is not meant to be a path to citizenship, but a stopgap until the government could iron out all of the complexities surrounding immigration reform.  Enrolled beneficiaries of the program can defer deportation for two years at a time.

Deferred deportation. 

A very important feature of DACA is that the Department of Homeland Security would no longer be able to initiate deportation of illegal immigrants who came to the United States before they were 16 years of age, live in America for at least five years and attend school, or are high school graduates, or military veterans in good standing.  This group must have clean criminal records and cannot be more than 30 years of age.  The constant uncertainty around deportation, and defining a pathway to legal citizenship has burdened many young illegal immigrants living in America.  Enrollment must be renewed every two years to avoid deportation.  The Atlanta Georgia deportation lawyers at Kuck Baxter may help regarding DACA eligibility, enrollment and other necessary steps that can be taken to keep individuals from being deported to countries they have no knowledge of, or attachment to.

Actions to counter deportation efforts.

  • Foreign nationals may be able to leave the United States on their own volition before removal proceedings are undertaken, known as voluntary departure.
  • Reach out to USCIS regarding questions about your deportation case to see if it can be reversed, or was an error.
  • File a complaint with Homeland Security if you believe your rights have been violated during immigration, detention, or removal proceedings.
  • Talk to a deportation law firm in Atlanta GA about an adjustment of status process if you are an undocumented immigrant facing removal. Legal permanent residency may be afforded those who have a family member to petition for them, or through asylum if the foreign national has a valid fear of danger and persecution if they are forced to return to their home country.

Seek legal counsel.

Atlanta Georgia deportation attorneys at Kuck Baxter Immigration are instrumental in the successful pause, or cancellation of deportation efforts by the USCIS.  Sometimes an administrative error, or mistaken identity, or criminal charges that are not viable can be argued at hearings that will support the upstanding nature of the foreign national wishing to remain in the United States.

 

Atlanta Georgia Deportation Lawyers

Kuck | Baxter Immigration LLC

365 Northridge Road, Suite 300
Atlanta, GA 30350

Telephone: 404-816-8611

Fax: 404-816-8615

 

 

Sources:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

 

https://www.dhs.gov/how-do-i/file-civil-rights-complaint

 

https://www.justice.gov/eoir/eoir-immigration-court-listing

 

https://www.ice.gov/doclib/news/library/factsheets/pdf/rapidrepat.pdf

 

https://research.newamericaneconomy.org/report/spotlight-on-the-daca-eligible-population/

 

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

 

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim

 

https://www.uscis.gov/archive/consideration-of-deferred-action-for-childhood-arrivals-daca