If the United States Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) believes you are removable from the country, you may be quickly placed in removal proceedings. These proceedings almost always involve hearings from an immigration judge. Well, continue reading to learn whether you can get deported before attending a hearing and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fight for your rights and your stay in the U.S.
Can I be deported from the United States without a hearing?
To reiterate, it is typical for an immigration judge to determine whether to order your deportation from the United States. However, there are certain circumstances in which this procedure is not necessarily required, and rather, expedited removal is acceptable. Firstly, you must be categorized as a non-citizen with no immigrant status in the U.S. Specifically, you must have been an arriving alien who attempted to enter through the country’s border or another lawful entry point, or who otherwise entered the country unlawfully.
From here, a U.S. immigration officer, even one at a lower level, may have grounds to expedite your deportation if they reasonably believe you lied or misrepresented a material fact to gain entry, such as falsely claiming citizenship or using faulty documentation. Or, if they reasonably believe you entered the country without a valid entry or travel document (i.e., visa, passport, border crosser card, etc).
What are the exceptions for an expedited removal from the United States?
Before you undergo expedited removal proceedings, you may request an immigration court hearing to plead your case to stay in the United States. For one, you may have a valid argument if you can sufficiently demonstrate that you fear persecution or torture in your native country and wish to seek asylum in the U.S. instead. Secondly, if you are a Mexican or Canadian national already present in the U.S., and can prove that you have no criminal record or prior offenses in your immigration history. Or, you may state under oath that you are a U.S. citizen or returning to the U.S. after previously being a lawful permanent resident, asylee, or refugee. In short, you may argue that you are a status claimant.
Besides these scenarios, say you are present at the country’s border or another lawful entry point when an officer threatens your expedited removal. Well, here, you may simply volunteer to withdraw your application for admission to the U.S. and return to your native country. While this may not seem like an ideal resolution, it may be your best bet if you do not want an expedited removal order put on your immigration record. That is, you may still have future opportunities to apply for admission to the U.S.
In conclusion, if you find yourself in need of legal aid, look no further than a skilled removal & deportation defense lawyer in Milwaukee, WI. Whether you simply have a legal question or require legal representation in an upcoming court case, our team at Sesini Law Group, S.C., is willing to help out. Please pick up the phone and call us today.