Getting deported from the United States is a daunting prospect, especially for those who have lived here for many years. Deportation, legally referred to as “removal,” is when a non-citizen is sent back to his/her country of origin by immigration authorities.

When facing removal, it is always advisable to appoint an experienced Miami deportation defense attorney to ensure one’s rights are protected. Many deportation cases involve people who entered the U.S. illegally, often referred to as undocumented aliens or illegal immigrants. In addition to legal non-citizens with nonimmigrant and immigrant visas, permanent residents (green card holders) can also be deported for a number of reasons, including:

  • Failure to obey the terms and conditions of visa or green card, such as working while on a tourist visa, staying past the departure date required by visa, or failing to meet green card’s residency requirements.
  • Visa or green card expiration which occurs when immigrant, nonimmigrant, or permanent resident status fails to be renewed.
  • Immigration law violations including immigration document fraud, fraudulent marriage, alien smuggling, or misrepresentation.
  • Certain felony or misdemeanor criminal convictions including domestic violence, child abuse, most drug offenses, illegal firearms dealing or trafficking, fraud, espionage, sabotage, treason, terrorism, crimes of “moral turpitude,” and aggravated felonies.*
  • Drug abuse or addiction which does not need to be proven with a court conviction; evidence from a confession or medical report may provide sufficient proof.
  • Denial of asylum, which may result in an immigration judge issuing a Final Order of Removal/Deportation.

* Some of these criminal convictions can lead to prison sentences prior to deportation. Therefore, a Miami criminal defense attorney should always be consulted.

Non-citizens in the U.S. have the right to a lawyer and are given a chance to have their cases heard. As Miami deportation defense attorneys, we uphold that right and have successfully represented both documented and undocumented non-citizens.

The deportation defenses we commonly employ to help our clients avoid deportation include:

  • Application for Permanent Residency / Adjustment of Status under Immigration and Nationality Act Section 245 or 245(i)
  • Asylum / Withholding of Removal
  • Cancellation of Removal for lawful or unlawful permanent residents
  • Deferred Action
  • Motion to Terminate / Motion to Suppress
  • Prosecutorial Discretion
  • Form I-751 Petition / Form I-601A Provisional Waiver
  • Protection under the Convention Against Torture Act (CAT), Violence Against Women Act (VAWA), Nicaraguan Adjustment and Central American Relief Act (NACARA), or Temporary Protected Status (TPS)

If you or a loved one is facing deportation, request a free consultation with our Miami deportation defense attorneys to learn about the defenses you may qualify for. At Pimentel & Castillo, we are experienced at aggressively defending our clients’ rights and helping them remain in the U.S.

Request a free consultation with our experienced Immigration Attorneys