Deportation Defense Attorneys in Tampa, FL

 

Navigating Deportation before it happens

Immigrants, undocumented persons, and non-citizens in the United States can all face the threat of deportation. Removal proceedings can start for any number of reasons. Often, it can feel like the government has overreacted to a small infraction and your entire life is now at risk. You may feel overwhelmed or as though you have no options. 

It is important to remember that if you or a loved-one are placed in removal proceedings, a skilled Tampa deportation defense attorney can help navigate this stressful process. At Dubrule & Nowel, PLLC the firm has extensive experience in removal defense both in Florida and across the United States. The circumstances of every case are different so please contact Dubrule & Nowel, PLLC today to review your options.

 

What To Do if You Are Detained by ICE?

After a loved-one is detained by the police for an immigration or criminal violation, they may be sent to ICE custody or have an “immigration hold” on their criminal release. This can be a very scary time. It is important to contact both a criminal attorney and an immigration attorney right away as the criminal case can impact the immigration case, and vice versa. 

The good news is many people in ICE custody qualify for release from detention. Generally this requires a bond hearing in immigration court. At a bond hearing, the Immigration Judge will review the positives and negatives in the case, including criminal history, whether they are a flight risk, and their immigration status. 

Based on this review, a person may be released with no bond, released on bond (where you must pay a fee), or may remain in detention. 

A bond case requires quick action and cooperation between the detained person, their family and friends, and the attorney. Don’t hesitate to contact Dubrule & Nowel, PLLC if you’re dealing with a bond case. 

 

Do I Quality for Cancellation of Removal?

Cancellation of removal, sometimes known as “the 10 year law,” can be an option for nonpermanent residents or for permanent residents facing removal proceedings. 

If you are a permanent resident and find yourself in removal proceedings, you may qualify for this relief if: 

  • you have been a lawful permanent resident for at least 5 years;

  • you have resided in the United States continuously for at least 7 years after having been admitted in any status; and

  • you have not been convicted of any aggravated felony.

Although the requirements seem clear, this is a discretionary relief, meaning that the judge can decide to deny the case even if you fulfill the requirements above. Therefore, it is extremely important that you contact Dubrule & Nowel, PLLC as soon as you know that you are in removal proceedings so that we can work together to present your case in the strongest way. 

If you are not a permanent resident and are in removal proceedings, you may qualify for cancellation of removal for certain nonpermanent residents. Although this defense in Immigration Court is sometimes called the “10 year law,” there is a lot more to it than residing in the U.S. for at least 10 years. 

You may qualify for this relief if:

  • you have been physically present in the United States for at least ten years;

  • you have had good moral character for ten years;

  • you have not been convicted of specific crimes; and

  • your removal from the United States would cause exceptional and extremely unusual hardship to your legal permanent resident or U.S. citizen spouse, child, or parent.

Again, this type of relief requires an evaluation of a number of legal factors and can be extremely complex. However, for qualifying cases this is a great option as it will grant you permanent residency in the United States.

 

Motions to Reopen and Reconsider

If a Judge denies your case it can feel like there are no other options. However, in addition to appealing the Judge’s decision, you may also be eligible for a Motion to Reopen or Reconsider. 

These are options when there are new circumstances or you have new evidence that was not previously available. If your case is reopened or reconsidered, it gives you a new chance to present your case to a judge in Immigration Court and before the Board of Immigration Appeals.

Addressing Critical Concerns in Immigration Court Proceedings

Removal defense is a complex area of immigration law and your options in court depend heavily on the circumstances of your particular case. Some other common issues in immigration court include:

  • Adjustment of status before the Judge (instead of USCIS);

  • Overcoming a new criminal charge or finding of fraud that may cause you to lose your green card;

  • USCIS claiming that they issued your permanent residency in error (rescission proceedings);

  • Removing the conditions on your 2-year residency; and 

  • Presenting your case for asylum and withholding of removal.

 

Talk to a Trusted Deportation Defense Attorney in Tampa Today

At Dubrule & Nowel, PLLC we specialize in all areas of removal defense and will review your case for every possible form of relief. Helping you to remain in the U.S. with your family and friends in safety and security is the firm’s number one priority.