Coral Gables deportation lawyers
A court notice is not the end of the case. It is the beginning of the part where the deadlines matter more than anything else.
- EOIR-42B
- I-246
What deportation is
Deportation, or removal, is the process by which the federal government takes a person out of the country and returns them to their place of origin. It is the most severe form of immigration enforcement.
You have the right to a hearing. That hearing is where everything is decided, and arriving at immigration court without a lawyer is the single biggest difference there is in this area.
A permanent resident can also lose their status and end up in removal proceedings. Only a citizen cannot be deported.
Why the government deports
- 1Offenses committed after entering
- 2Lack of immigration authorizationNot holding a current visa or permit, or having stayed beyond the authorized period.
- 3Public chargeDepending on government assistance.
The defenses
Depending on the facts of your case, there may be one or several. These are the ones we work with.
- I-485Eligibility for a green cardThrough employment that authorizes work, or through family already lawfully present. Filed with the court, not with USCIS.
- I-589A legitimate asylum claimWar, religious persecution or another protected ground. In court it is the same application as before an asylum officer.
- EOIR-42BCancellation of removalFor someone without a green card: ten years of continuous presence, good moral character, and exceptional hardship to a close relative who is a citizen or a resident. A permanent resident applies on Form EOIR-42A instead.
- I-918U or T visaFor victims of certain crimes who cooperate with law enforcement. The U visa is Form I-918; the T visa, for trafficking victims, is Form I-914.
- I-821DDACAFor those brought into the country as minors.
- 6Voluntary departure or deferred actionAlternatives negotiated with government attorneys.
A stay of removal can also be requested to halt the process while other remedies are pursued. Once an order is final, that request is Form I-246 and it is filed with ICE, not with the court.
The appeal
Once the judge issues the order, there are thirty calendar days to appeal before the Board of Immigration Appeals, on Form EOIR-26. The Board may uphold it, so not every appeal changes the outcome, but not appealing closes it for certain.
The thirty days count to the day the Board RECEIVES the appeal, not the day it is mailed. There is no mailbox rule here and the Board cannot extend the deadline.
Thirty days is the whole window and it is not negotiable. If an order has reached you, that is the call not to postpone.
Questions about deportation
Tap a question to see the answer.
A notice arrived. What do I do first?
First is the date: check what day and time you are summoned, and do not miss it. Failing to appear can end in an order issued without you there.
Second is calling before that date, not after. Almost everything that can be done is done with time ahead of it.
Can I be deported if my children were born here?
Having citizen children does not on its own stop a removal proceeding, though it can weigh in certain defenses.
What decides it is which defense applies to your particular case, and that comes from reading the file, not from a general rule.
Do I need an attorney if I plan to leave anyway?
Yes, and especially if you plan to come back. Leaving the country with a removal order is not the same as leaving with voluntary departure, and the difference is settled in the file, not at the airport.
How you leave determines when you can return.
If you have a date, that date sets everything else. Call before it arrives, not after.
The consultation costs $70, the attorney takes it within 24 a 48 hours, and it is credited toward the contract if you retain the firm.