Immigration Deportation

Individuals who intend to immigrate to the US face potentially serious consequences should they obtain inaccurate or incomplete advice. It is possible that he or she will have to leave the US and start over again in another country. Family relationships and friendships are threatened and employment opportunities may be lost. Deportation is a very real consequence for those who don't address certain factors. Hiring immigration services not performed by a licensed attorney may put you at risk. If you or someone you know is at risk of deportation or is uncertain of the impact of filing an immigration petition, contact an immigration law attorney to ensure that everything possible will be done to preserve your rights.

The importance of bringing and keeping family together can't be understated. For a US citizen who marries, or wants to marry, a foreign national, or who wants to adopt a foreign child, there are procedures to be followed, forms to be filled out, and fees to be paid. If you, or someone you know, has married or is planning to marry a foreign national or plans to adopt a foreign child, contact an immigration lawyer today.

Immigration law is extremely complex. In addition to the often-amended Immigration and Nationality Act, there are Operating Instructions and Interpretations that supplement and clarify the Act. Administrative decisions from the Board of Immigration Appeals also impact immigration processes. If you, or someone you know, is dealing with an immigration issue, don't go it alone - contact an immigration law attorney as soon as possible.

Immigration procedures, like federal tax filings, require specific forms. If the wrong form is filed, it can substantially delay your case. A knowledgeable immigration attorney can guide you to the most current and valid procedures to avoid problems with your case. An attorney can also advise you on the appropriate fees to be paid, and can help you determine if you qualify for a fee waiver. If you are in the midst of an immigration matter, contact an immigration lawyer to discuss your case.

Louisville, Kentucky, Immigration Attorney

The United States immigration process in complex and there are many ways to stumble. If you are considering filing for a temporary or permanent visa, need help with an asylum petition or have any other immigration law concern in the Louisville, Kentucky, area, you want a lawyer who fully understands U.S. immigration laws, who can advise you of all your options, and who will protect your interests throughout the process.

Immigration attorney John Vickerstaff is skilled at helping immigrants who want to stay and live in the United States. Contact our Louisville office to schedule a consultation to discuss your immigration issues. We will advise you of your rights and your risks in confidence.

To learn more about the scope of our practice, see our immigration. To learn more about your rights in an immigration proceeding, see the information provided below.

Removal

Removal occurs when the federal government formally either refuses admission to a foreigner at the U.S. border, or expels from the country a previously admitted alien for violation of certain U.S. immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you or a loved one is facing removal, call Vickerstaff Law Office, PSC in Louisville, KY, today to speak with an experienced immigration lawyer.

Classes of Aliens Subject to Removal

Title 8 of the United States Code contains the country's immigration laws, including the grounds for deportation once physically in the country. Some of these include:

Committing certain crimes, notably those of moral turpitude, theft, and domestic and other violence; and aggravated felonies
Working illegally
Overstaying a visa
Entering marriage fraudulently to gain entry into the country
Assisting, encouraging, aiding or abetting others to enter the country illegally
Using fraudulent or falsified documents to enter the country
Providing material misrepresentations to gain entry
Violating the terms of immigrant status or other condition of entry
Failing to register
Engaging in any activity that endangers public safety or creates a national security risk
Violating any other U.S. immigration or other law
Having been legally inadmissible upon entry
Having perpetrated genocide
Voting illegally
Becoming a public charge
Having engaged in terrorist acts

Alien Rights in Removal Proceedings

When an alien is deemed inadmissible at the border, the government must follow the legal procedures as laid down in federal law for turning that person away, but until the alien is within the country, the constitution does not protect the individual. At the point someone is physically in the U.S. — even illegally — he or she becomes a person for purposes of the due process clause that requires the government treat him or her with basic fairness in legal proceedings.

If an alien is inadmissible or if there is evidence an already-present alien has committed a deportable offense, the alien will be subject to removal proceedings by U.S. Immigration and Customs Enforcement (ICE), a part of the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge within an arm of the U.S. Department of Justice, who determines whether or not the alien will be deported. This decision is reviewable by the Board of Immigration Appeals (BIA) and then by the federal court system.

Although constitutional protection differs, aliens subject to removal both at the border and once within the country have similar rights under federal statute such as:

The right to legal representation
The right to notice of the charges against them
The right to examine the evidence against them
The right to cross-examine government witnesses and offer evidence
The right to appeal

The additional constitutional protection that attaches to an alien once within U.S. borders is reflected mainly in a lower level of required evidentiary proof.

Conclusion

The consequences of being deported or excluded from the U.S. can be catastrophic. Legal representation throughout the removal process is essential. Contact Vickerstaff Law Office, PSC in Louisville, KY, to schedule a consultation with an experienced immigration attorney.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Vickerstaff Law Office, PSC
1930 Bishop Lane Suite 410
Louisville, KY 40218
Telephone: (502) 442-2039 or (888) 832-2944
Fax: (502) 491-0719
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Louisville immigration attorney serving immigrant, refugee, asylum, and out-of-status clients in Kentucky, Ohio, and Indiana, including Paducah, Frankfort, Lexington, Owensboro, Bowling Green, and Shelbyville KY, Cincinnati OH, and Indianapolis, Evansville, Anderson, Madison, Bedford, and Bloomington IN.