Deportation & Removal Proceedings Attorneys in Raleigh, North Carolina
Immigration
Deportation is a process that can upend lives and separate families. However, with the right guidance and legal support, it's possible to overcome this challenging time.
Karina Garcia Herhusky is here to help you understand every step of the deportation process. We're based in Raleigh, North Carolina, and proudly serve clients throughout the area, including North Hills, Apex, Hillsborough, and Carrboro.
The deportation process, also known as removal proceedings, begins when the Department of Homeland Security (DHS) determines that a non-citizen has violated immigration laws. This could be due to a variety of reasons, such as overstaying a visa or committing certain crimes. Regardless of the cause, we believe in providing compassionate legal representation to guide you through these proceedings.
Why You Need an Attorney's Support
Understanding immigration law and deportation proceedings can be incredibly challenging without the support of an experienced attorney.
The legalities surrounding immigration are not only complicated; they're also constantly evolving, making it difficult for laypeople to keep up-to-date with the latest regulations and procedures. An attorney specializing in immigration law can provide the necessary guidance and support, ensuring that all legal avenues are explored to prevent deportation.
Our immigration lawyers at Herhusky Law Office, PLLC, specifically tailor their approach to each individual case, recognizing that every situation is unique with its own set of challenges. They can help by:
Analyzing Your Case - Thoroughly reviewing the reasons for deportation and identifying any possible inaccuracies or grounds for appeal.
Legal Representation - Representing you in court proceedings and before immigration boards, asserting your rights, and arguing on your behalf.
Filing Necessary Documentation - Ensuring all needed paperwork, such as motions and appeals, are correctly filed within the required deadlines.
Providing Guidance and Advice - Offering advice on the possible outcomes and the best course of action to take, including potential for asylum, adjustment of status, or obtaining a waiver.
Negotiating - In certain cases, negotiating with prosecutors for a more favorable outcome or alternative solutions to deportation.
Facing deportation is a significant and stressful event that can have profound implications on your life and the lives of your family members. Having a skilled immigration attorney can make all the difference in navigating this process successfully.
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The Process of Removal Proceedings
Removal proceedings are a series of steps involving both administrative and judicial elements. At Herhusky Law Office, we've been guiding clients through this process since 2019, always providing personal attention and ensuring responsiveness is our top priority. The process of removal proceedings involves several key steps from the point of initial investigation to the final decision. Here is a detailed outline of what one can expect during these proceedings:
Notice to Appear (NTA): The process formally begins with the issuance of a Notice to Appear. This document, sent by the Department of Homeland Security (DHS), details the reasons a non-citizen is suspected of violating immigration laws and informs them of their right to appear before an immigration judge.
First Hearing: The first hearing, known as the master calendar hearing, is a preliminary proceeding where the immigration judge will explain the respondent's rights and the charges against them. During this hearing, the respondent can admit or deny the allegations and decide whether to apply for any form of relief from removal.
Bond Hearing (if applicable): If the respondent has been detained, they may request a bond hearing to determine eligibility for release on bond during the removal proceedings. The factors considered include flight risk and danger to the community.
Merit Hearing: Also known as the individual hearing, this is the main proceeding where the respondent can present their case, including any evidence and witnesses, to support their plea for relief from removal. The government will also present evidence to support the deportation.
Decision: After considering all evidence and arguments, the immigration judge will make a decision. If the decision is for removal, the respondent can appeal to the Board of Immigration Appeals (BIA) within a specific timeframe.
Appeal (if necessary): If the judge's decision is not in favor of the respondent, they have the right to appeal to the Board of Immigration Appeals (BIA), and potentially to higher courts, including the Federal Circuit Courts and ultimately the Supreme Court if necessary.
This process can be intimidating, which is why legal guidance from experienced immigration attorneys is essential. At Herhusky Law Office, PLLC, we stand ready to assist clients through each step of these proceedings with professionalism and compassion.
What to Do After Receiving a Notice to Appear (NTA)
Receiving a Notice to Appear (NTA) can be an overwhelming experience, but taking prompt and informed action can significantly impact the outcome of your case. Here are some crucial steps you should immediately consider upon receiving an NTA:
Read the NTA Carefully: The first and most crucial step is to thoroughly review the Notice to Appear. It contains essential information about why the Department of Homeland Security (DHS) believes you may be removable from the United States. Understanding the allegations against you is key to forming an effective defense strategy.
Document the Timeline: Note the date you received the NTA and recognize any deadlines it may contain. These dates are critical since missing a deadline could result in serious consequences, including the removal process proceeding without your input.
Consult with an Immigration Attorney: Due to the complexity of immigration law, consulting with an experienced immigration attorney as soon as possible is advisable. An attorney can provide clarity about your situation, evaluate potential forms of relief, and plan a course of action. The team at Herhusky Law Office, PLLC, is well-equipped to guide you through this challenging time.
Prepare Your Defense: Working with your attorney, start gathering any documents or evidence that may support your case. This could include proof of ties to the community, employment records, or evidence of hardship that removal might cause.
Stay Informed: Keep yourself informed about the immigration process and any potential changes in the law that may affect your case. Your attorney can be an invaluable resource in this regard, providing updates and explaining how these changes may impact your situation.
By taking these initial steps after receiving an NTA, you can position yourself more favorably within the deportation process. Remember, prompt action and informed decisions are critical. At Herhusky Law Office, PLLC, we are committed to standing by your side every step of the way, helping you be prepared and confident as we face these proceedings together.
Your Rights During the Immigration Court Hearing
The immigration court hearing is a crucial part of the removal proceedings. It's here that you'll have the opportunity to defend against the allegations listed in your NTA.
We understand how important this hearing is and we're committed to preparing thoroughly, ensuring you understand the process, and standing by your side throughout.
During the hearing, the government will present its case for your removal.
But remember, you have rights in this process too. You can contest the allegations, apply for relief from removal, and present evidence to support your case.
With our team at your side, you can face this challenge with confidence.
Potential Defenses Against Deportation
Defending against deportation requires a nuanced understanding of immigration law and the specific circumstances of each case. At Herhusky Law Office, PLLC, we assess various defense strategies that might be applicable to your situation. Here are some potential defenses against deportation:
Asylum: For individuals fearing persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion, seeking asylum could be a viable defense.
Cancellation of Removal: This defense is available for certain permanent residents who have lived in the U.S. for a specified number of years, have demonstrated good moral character, and can prove that deportation would cause extreme hardship to themselves or family members who are U.S. citizens or lawful permanent residents.
Adjustment of Status: Some individuals may be eligible to apply for lawful permanent residency (a Green Card) if they meet certain criteria, which can serve as a defense against removal.
Waivers of Inadmissibility: For cases involving immigration violations or certain types of criminal offenses, it may be possible to apply for a waiver that forgives the ground of deportability.
Prosecutorial Discretion: In some cases, the Department of Homeland Security (DHS) may use its discretion to administratively close or terminate removal proceedings based on factors such as long-term presence in the U.S., ties to the community, or humanitarian reasons.
Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA): Eligibility for TPS or DACA can provide protection from deportation for individuals from certain countries experiencing ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions and for those who came to the U.S. as children, respectively.
Navigating these defenses requires a deep understanding of immigration law and an experienced legal team. At Herhusky Law Office, PLLC, we are dedicated to exploring every possible avenue to defend against deportation and secure the best possible outcome for our clients.
Deportation & Removal Proceedings Attorneys in Raleigh, North California
Facing deportation proceedings without legal representation can be incredibly challenging. But you're not alone. Our bilingual team at Herhusky Law Office is here to guide and support you throughout this process. Since 2019, we've been serving clients in Raleigh, North Carolina, and surrounding areas including North Hills, Apex, Hillsborough, and Carrboro. Reach out to us for a free consultation today, and together, we can tackle this journey.