Columbus Deportation Defense Attorney

Experienced Legal Help for Those Facing Deportation

If you or a loved one is facing deportation or removal proceedings, you may only have one chance to prove that you deserve to remain in the United States. Let our experienced deportation lawyers in Columbus craft and present a solid defense at your removal hearing. Our highly rated immigration firm handles immigration cases nationwide!

Facing deportation or removal proceedings? Act now with a Columbus deportation defense attorney. Call (888) 915-5057 or contact us online today.

What is Deportation?

Deportation (also called “removal”) refers to the process by which the government seeks to remove persons who are not U.S. citizens (or “aliens”) from the United States for violations of immigration or criminal laws. Deportation or removal proceedings are adversarial proceedings in which an alien may attempt to challenge the government’s allegations and seek relief from removal.

Causes of Deportation

An immigration judge may initiate the removal process for a number of reasons, including:

• Violating the terms of a non-immigrant visa,
• Violating immigration law
• Committing a crime
• Aiding another individual's illegal entry
• Failure to provide valid documentation
• Unlawful presence
• Committing marriage fraud

What is a Notice to Appear?

The deportation proceedings commence when the alien is served with the Notice to Appear (“NTA”). The NTA is a document issued by the United States Immigration and Customs Enforcement (“ICE”) that states the reasons for deportation, charging the alien with deportability.

Note: An alien who receives an NTA must respond by providing the Department of Homeland Security (“DHS”) with his/her mailing address (or his attorney’s mailing address) and must appear at scheduled hearings to avoid being deported “in absentia.”

What Happens During Removal Proceedings?

Deportation or removal proceedings are conducted by Immigration Judges who are lawyers employed by the Department of Justice’s Executive Office for Immigration Review (“EOIR”). The government bears the burden to show deportability by clear, convincing, and unequivocal evidence. If the government fails to meet its burden, the Immigration Judge will grant the alien relief from removal. If the burden is met and there are no grounds for relief from removal, the Judge will order the alien removed from the U.S.

In many Columbus cases, hearings take place at immigration courts serving Ohio, where scheduling, prior filings, and the quality of evidence can all affect how the Immigration Judge views the matter. A deportation attorney familiar with local court practices can help you understand what to expect at each stage, from the initial master calendar hearing through any individual merits hearing, and can work with you to gather documents, witnesses, and country condition evidence that support your position. We also explain the role of the government’s trial attorney so you know who will be questioning you and how the judge will evaluate competing claims.

What is Expedited Removal?

The United States can initiate expedited removal proceedings against certain non-citizens and deport them without a hearing in front of an immigration judge. An immigrant can be placed in expedited removal proceedings if they do not have proper documentation or misrepresented facts about themselves in order to enter the United States. Expedited removal proceedings can only be initiated if the non-citizen is at the port of entry or cannot prove that they have resided in the United States for over 2 years. If you are facing expedited removal proceedings, you will not see an immigration judge. Your case will be handled by an immigration officer who will determine if you should or should not be deported.

Choosing a Deportation Lawyer in Columbus

Selecting the right legal team can make a meaningful difference in how prepared you feel as your case moves through the immigration system. When you meet with us, we review your Notice to Appear, any prior immigration filings, and information about your family and work in the United States so we can give you a clear picture of the issues in dispute. We also discuss how proceedings in immigration courts that handle cases for Ohio, including courts that serve the Columbus area, are typically scheduled and what preparation is needed before each hearing date.

Our firm uses secure online tools so you can upload documents, review case updates, and communicate with our team even if you are living outside central Ohio or are temporarily detained. During an initial consultation, a deportation lawyer in Columbus will listen to your concerns, answer questions about possible forms of relief, and outline the next steps so you know what to expect after you leave our office. We take time to explain how long different strategies may take, how they may affect your work authorization or travel, and what support we can provide to your family throughout the process.

Relief from Removal

Even if the government meets its burden and proves that the alien is deportable, there are various forms of relief from removal available to the alien. Such forms of relief include cancellation of removal, asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), voluntary departure, adjustment of status, and waivers of removability or inadmissibility.

If the Immigration Judge finds the alien eligible for relief from removal, the Judge will issue an order granting the relief. Once relief is granted by the Immigration Judge, the game is not over. The alien still must obtain a document from the USCIS evidencing this status. This process can be painstaking.

When we evaluate a case for relief, we look at your immigration history, family ties in the United States, any criminal record, and conditions in your home country to identify every possible form of protection. A Columbus deportation attorney can help you weigh the advantages and risks of options like applying for cancellation of removal versus pursuing voluntary departure, and can prepare you for the testimony and documentation that each type of relief requires. We also discuss how long each path may take and what follow-up with U.S. Citizenship and Immigration Services might look like after a favorable order from the immigration court.