Removal or deportation of a loved one can be devastating and deeply impact a family living in the United States. Being out of status or arrested for a crime can subject a person to detention with little to no information provided to the family in wait. The stress of not knowing a loved one’s status while in detention can be overwhelming. If your loved one was taken into detention and may face deportation, contact The Law Office of Neal Richardson Datta. Our firm is ready to guide every client through this stressful situation by locating the family member, establish any transfers to other states, determine whether a person is eligible for a conditional release or bail, assess the ability of the detainee to have contact with the family and provide zealous representation for the detainee. If you need an immigration attorney with years of experience, contact The Law Office of Neal Richardson Datta to discuss your situation with an effective deportation defense attorney.
Cause for deportation
Most deportation actions stem for illegal activity. These can include criminal arrest or conviction, unlawful presence, status violations, marriage fraud, fraudulent documents, and unlawful acts regarding employment. If your loved one is being detained and could possibly face deportation, it is important to act quickly to retain the services of an attorney.
Deportation for criminal acts
Some people face deportation proceedings because of a criminal conviction. For most of these people, the convictions or arrests that lead to deportation proceedings are called crimes of moral turpitude. These crimes are those that go against the morals of society. Some of the crimes considered to be of moral turpitude include:
- Theft/ Larceny
- Certain drug crimes
If your loved one has been arrested for a crime, we will explore all defenses against the crime in question or the basis that it falls under a crime of moral turpitude.
Deportation for a violation of immigration law
Your loved one could be detained and face deportation proceedings because of a range of immigration violations. Being an illegal immigrant comes with a certain degree of vulnerability, especially with the lack of rights ordinary citizens enjoy. Some of the many reasons a person can face deportation because of illegal immigration include but are not limited to:
- Illegal entry
- Overstaying a visa
- Fraudulent evidence of admissibility
- Fraudulent immigration documents
- Marriage fraud
- Fraudulent declaration of citizenship
Extreme hardship waiver
If your loved one is being detained or faces immediate deportation or removal, one of the many strategies we can employ is the use of a waiver to free them from these proceedings. A 601a waiver requests admissibility based on an extreme hardship to the family left in waiting. Also known as a hardship waiver, in order to convince the USCIS that an I-601a waiver should be approved, evidence of an extreme hardship must be demonstrated. Some examples of extreme hardship include:
- A parent or spouse has a medical condition and depends on the subject for care.
- A parent or spouse is financially dependent on the subject and will not receive adequate support from overseas.
- A parent or spouse has financial debts in the United States and cannot pay them without the assistance of the subject.
- A parent or spouse has another sick family member and will be unable to care for that person without support.
Extreme hardship is determined by assessing the totality of the circumstances affecting a permanent resident or U.S. citizen. The family or applicant may need to provide evidence to attest to the extreme hardship.
Contact The Law Office of Neal Richardson Datta
If your loved one may be deported, it is important to discuss your situation with an attorney before time runs out. Our firm recognizes the stress and uncertainty of the situation and we are ready to guide you through these difficult matters and represent your loved one zealously, working towards reunification. Contact The Law Office of Neal Richardson Datta for a consultation to discuss your loved one’s predicament.