Families throughout the United States are divided by deportation or removal. Any time a loved one is deported, the rest of the family living in the United States may feel the impact. When a loved one is arrested for a crime or is detained because they do not have a legal status, the family may not know where the loved one is being detained and have very little information. Of course, this can be devastating. If your loved one has been detained and may be facing deportation, it is essential to consult with an experienced immigration law attorney. The legal team at Detzky, Hunter & DeFillippo, LLC is prepared to do all that we can to obtain information about the family member’s location, establish a transfer to another state, determine whether they are eligible for conditional release, and provide strong legal representation on behalf of the detainee. Our firm understands what is at stake when a loved one is facing deportation. Contact Detzky, Hunter & DeFillippo, LLC today to discuss your situation.
Reasons for Deportation
In most cases, those who are subject to deportation are taking part in illegal activity. This can include not only a criminal arrest or conviction, but unlawful immigration matters as well, such as unlawful presence, violations of status, fraudulent documents, marriage fraud, and unlawful employment. If your loved one is detained and may face deportation, it is essential to contact an experienced attorney as soon as possible. Detzky, Hunter & DeFillippo, LLC is here to help.
Deportation for Criminal Acts
Individuals who commit crimes in the United States may be subject to deportation. One of the requirements for being in the United States is to be of good moral character. However, when an individual is convicted of a crime or arrested and is subject to deportation, they are considered crimes of moral turpitude. This means that the crimes do not align with having good moral character. Some crimes of moral turpitude may include the following:
- Murder/Homicide
- Rape
- Assault
- Robbery
- Theft/Larceny
- Fraud
- Certain drug crimes
If you have a loved one that is facing criminal charges that may be considered moral turpitude, it is essential to contact an experienced attorney. Detzky, Hunter & DeFillippo, LLC will explore all possible defenses on behalf of the individual charged.
Deportation for Immigration Law Violations
When an individual violates United States immigration law, they may be detained and face deportation. These are very serious violations for illegal immigrants, as these individuals do not benefit from the rights of citizens or permanent residents. A violation of immigration laws may cause an individual to face deportation. These violations may include but are not limited to the following:
- Unlawful entry into the United States
- Staying in the United States after a visa expires
- Fraudulent evidence of admissibility
- Marriage fraud
- Fraudulent immigration documents
- Fraudulent citizenship
Extreme Hardship
When an individual is detained and facing immediate deportation, an experienced attorney must act quickly. One of the methods that an attorney may use to try and free the individual from deportation proceedings is the use of an extreme hardship waiver, which is also known as the I-601a waiver. This form requests admissibility on the basis of extreme hardship. This waiver is used to convince the United States Citizenship and Immigration Services that the family left in waiting will be subject to extreme hardship if the individual in question is deported. Of course, the USCIS will require evidence of extreme hardship. A few examples of extreme hardship are as follows:
- A parent or spouse depends on the individual facing deportation for care because of a medical condition
- A parent or spouse is financially dependent on the individual facing deportation and will not be able to receive the support they need from overseas
- A parent or spouse cannot pay financial debts accrued in the United States without the help of the individual facing deportation
- A parent or spouse needs support from the individual facing deportation to care for another family member that is sick
Contact Detzky, Hunter & DeFillippo, LLC
If you have a loved one that is facing deportation, it is important to act quickly and contact an experienced immigration attorney. Detzky, Hunter & DeFillippo, LLC understands what is at stake and is here to guide you through the uncertainty that lies ahead. If you need an experienced attorney that can fight on behalf of your family, contact Detzky, Hunter & DeFillippo, LLC today.
