Removal Defense Attorney in Atlanta, Georgia

If you’re undocumented and living in the United States, you know that there’s always a risk of deportation. This could happen for one of several reasons, but they all will require you to take action if you wish to prevent removal. Meeting with an experienced immigration attorney is the best way to learn about the deportation process and understand your options for immigration removal defense. 

For help in Atlanta, Georgia—as well as Birmingham, Alabama— reach out to us at Immigration Law Center Inc. When you work with our firm, you’ll get the experience and knowledge of immigration attorneys who are committed to your case and will work passionately to help you obtain a favorable result. Contact us today to schedule a consultation.  

Reasons for Deportation 

No two immigrants are the same and when someone is facing removal, it’s important to understand the details surrounding their specific case. Possible reasons for deportation may include: 
 

• Violating the terms of your Visa 
   

• Failure to follow the terms of your green card (even acts as minor as not reporting a change of address for a permanent resident may trigger removal proceedings) 
   

• Failing to renew your green card before it expires. 
   

• Committing a crime (note that not all crimes will result in deportation, and it’s best to talk with your attorney about your specific case) 
   

• Violating U.S. immigration law such as marrying someone solely for citizenship or smuggling undocumented immigrants across the U.S. border 
   

• Becoming a “public charge” within five years of entering the country. This means that you aren’t able to support yourself financially and must rely on government assistance. 

The Process for Removal 

No matter what the reason for your removal, the process will proceed in largely the same way. 

1. Notice to Appear: The Department of Homeland Security (DHS) will first issue you a “notice to appear” which will have detailed information about why the government is trying to deport you. 

2. Initial Hearing: You will then be scheduled for a hearing which you must attend in person. Many people choose to have an attorney present at this hearing. 

3. Merit Hearing: If you wish to contest the removal, you will be scheduled for a merit hearing where you and your lawyer can present your case for staying in the country. Here you will need to present detailed documentation and evidence that clearly shows why the removal proceedings should not continue and why you need to stay in the country. 

4. Final Ruling: The judge will then issue a ruling on whether to proceed with the deportation or allow you to remain in the country. 

Possible Defenses 

After you meet with your attorney, you’ll better understand your defense options since it will depend on the grounds (reasons) for the removal. Possible defenses could include: 

• Claiming the government made a mistake beginning removal proceedings 
   

• Requesting a family-based adjustment of status (this typically requires you to have an immediate family member or spouse who is a U.S. citizen.) 
   

• Petitioning for asylum which means you were fleeing real or perceived persecution in your home country 
   

• Requesting cancellation under the Violence Against Women Act (VAWA). For this option, you must show that you or your children have been “battered or subjected to extreme cruelty" by an immediate family member or romantic partner 
   

• Asking for deferred action which essentially puts your case on hold until a later date. 

Relief from Removal 

You may also wish to pursue relief from removal which usually means you’re requesting a “cancellation of removal” by showing that your removal would result in “extreme hardship” for your family. Note that you can only qualify for cancellation of removal once, so if a judge has granted you this defense in the past, you are not eligible to petition for it again. 

You may also offer to leave the country on your own (known as “voluntary departure”) which can save you the legal trouble of being officially deported and usually requires you to leave the country within 120 days. 

How a Trusted Attorney Can Help  

Navigating the U.S. immigration system can be very confusing for those who are new to the country and who are not fluent English speakers. However, there is help available. Your best option is contacting an immigration attorney in your area. While you aren’t legally required to have a lawyer represent you, most people are more comfortable knowing they have a partner advocating for their rights and someone who can represent them in the courtroom when necessary. A skilled attorney can evaluate your case, explain the removal process to you, help you collect evidence and documentation, and present your case in front of a judge.