If you’ve been served with deportation papers or are concerned that you may be vulnerable to deportation, it’s important to speak to an experienced Massachusetts and Rhode Island deportation defense attorney as soon as possible. The sooner you begin preparing a defense, the more likely it is that you will be able to successfully defend against a deportation. There are many reasons why foreign nationals may be subject to deportation, but an experienced Massachusetts and Rhode Island deportation defense attorney can often help you resolve the problem so you can remain in the country. The Botelho Group prides itself in helping immigrants avoid deportation, leaving no stone unturned to launch an effective defense. One thing is clear, the sooner you start planning your defense to deportation, the more likely it is that you’ll be able to stay in the United States.
What Are Some Typical Grounds For Deportation?
There are a wide range of circumstances that can lead to deportation proceedings against in immigrant in the United States, but these are the most common:
- Criminal conviction;
- Investigation into criminal activity;
- Visa violations;
- Expired green cards and/or visas;
- Immigration fraud;
- Denial of an asylum petition and
- Failing to leave after a grant of voluntary departure.
There are many other actions that could give rise to deportation proceedings such as suspicions of a fraudulent marriage, drug abuse or failure to advise of a change of address. With increased activity by ICE against immigrants who have been in the United States for ten years or more, a wider range of immigrants could be subject to deportation hearings than ever before. Minor infractions that were generally ignored are now being vigorously prosecuted. If you’re concerned that you may be vulnerable to deportation, it’s important to speak to an experienced Massachusetts and Rhode Island immigration attorney as soon as possible.
What Criminal Charges Trigger Deportation Proceedings?
Convictions for an aggravated felony or a crime of moral turpitude will always trigger a deportation proceeding, so it’s important to immediately call an experienced Massachusetts deportation defense attorney before entering a plea. Aggravated felonies for the purpose of immigration are delineated in the Immigration and Nationality Act § 101(a)(43) and include murder, drug trafficking, weapons trafficking, tax evasion, rape, child sexual abuse and other major crimes. Crimes of moral turpitude are not as well defined, but include crimes of dishonesty such as wire fraud, embezzlement, forgery, mail fraud and many types of theft. There is a chance of success in avoiding deportation after a conviction for an aggravated felony or crime of moral turpitude, but the defense must be narrowly tailored to the statute you are convicted under. It is possible to be deported on drug charges, but there is a specific exception for crimes involving less than 30 grams of cannabis for personal use.
Work-Related Grounds For Deportation
Accusations of any type of misrepresentation or fraud could trigger a deportation proceeding if you’re in the United States on a work visa. This includes any less than completely truthful statements you may have given about your education, qualifications or experience. Work visa recipients that are being investigated for espionage, sabotage, evasions or violations regarding the export of goods, sensitive information or technology or for activities in opposition to the government of the United States are also likely to be facing deportation proceedings. If you’re in the United States on a work visa, it’s important to contact an experienced Massachusetts deportation defense attorney as soon as possible if you are served with a deportation proceeding or suspect you may be subject to proceedings.
Deportation Defense Strategies
If you’ve been served with notice of a deportation proceeding, you don’t need to give up hope because there are strategies that can be employed that help you avoid being deported. Every case is different, but an experienced Massachusetts and Rhode Island deportation defense attorney can sometimes defend your case by adjusting your status to permanent residency, obtaining a cancellation of removal, filing for political asylum or obtaining a waiver or pardon under the Immigration and Nationality Act (INA.) The Botelho Group offers a free consultation to discuss how you may be able to successfully defend against deportation.