What if My Visa Is Denied at a U.S. Consulate Board?
Facing deportation or removal from the United States can be devastating for individuals and their families. That said, this may not be the end of the road. Continue reading and contact a skilled Milwaukee deportation and removal defense lawyer from Sesini Law Group, S.C. who can fight for your future here in the U.S.
Why Hire a Removal & Deportation Defense Lawyer from Sesini Law Group, S.C.?
Defending individuals in removal proceedings is a large part of our practice at Sesini Law Group. The attorneys in the office have years of experience working with the immigration court, representing simple cases to quite complex removal issues. Furthermore, our attorneys have successfully filed post-conviction relief motions in the State of Wisconsin for numerous clients, which have resulted in either the dismissal of the criminal case or an amendment to a crime, which allows our clients to file applications to stop deportation in the immigration courts. As a result, our attorneys have effectively caused hundreds of our clients’ immigration cases to be either terminated or caused the immigration judges to approve applications for relief from deportation.
This experience makes us uniquely qualified to represent clients with:
Our firm is regularly called upon to consult on complex criminal matters and the immigration consequences of such convictions.
What Are Removal Proceedings?
Removal proceedings, commonly referred to as deportation proceedings, are the legal process through which the United States government seeks to remove a non-citizen from the country. These proceedings typically begin when an individual is served with a Notice to Appear (NTA), which outlines the government’s allegations and the legal basis for removal.
Removal proceedings take place in immigration court before an immigration judge, who will ultimately determine whether an individual may remain in the United States or must be removed. Depending on the circumstances, individuals may be placed in proceedings for a variety of reasons, including alleged violations of immigration law or certain criminal convictions. In many cases, however, individuals in removal proceedings may still be eligible for relief that allows them to remain in the United States.
Common Reasons People Face Deportation
Individuals may find themselves in removal proceedings for a wide range of reasons. In some cases, the grounds for deportation are straightforward, while in others, they may involve complex legal issues. Some of the most common reasons are as follows:
- Criminal convictions: Certain offenses, including crimes involving moral turpitude or aggravated felonies, can trigger removal proceedings.
- Visa overstays: Remaining in the United States beyond the authorized period of stay may result in deportation.
- Violations of immigration status: Failing to comply with the terms of a visa or other immigration status can lead to removal.
- Fraud or misrepresentation: Providing false information to obtain an immigration benefit may have serious consequences.
- Unlawful presence: Accruing unlawful presence in the United States can impact eligibility for relief and may lead to removal proceedings.
What Happens During the Removal Process?
The removal process can be complex, and for many individuals, unfamiliar and overwhelming. Generally, removal proceedings consist of multiple stages, each of which plays an important role in the outcome of a case. These stages may include the following:
- Master Calendar Hearing: This is typically the first court appearance, where the immigration judge explains the proceedings, reviews the charges, and schedules future hearings.
- Individual (Merits) Hearing: At this stage, the individual presents evidence, testimony, and legal arguments in support of their case for relief from removal.
- Submission of Evidence: Documents, records, and other supporting materials may be submitted to strengthen an individual’s claim.
- Judge’s Decision: After reviewing the case, the immigration judge will determine whether the individual qualifies for relief or is subject to removal.
What Forms of Relief From Deportation Are Available?
Although being placed in removal proceedings can be a daunting experience, it is important to understand that many individuals may still qualify for relief that allows them to remain in the United States. The availability of relief depends on a variety of factors, including immigration history, family ties, and any prior criminal issues. Some of the most common forms of relief are as follows:
- Cancellation of Removal: Available to certain individuals who meet specific residency and hardship requirements.
- Asylum and related protections: Individuals who fear persecution in their home country may be eligible for asylum, withholding of removal, or protection under the Convention Against Torture.
- Adjustment of Status: In some cases, individuals may be eligible to apply for lawful permanent residency while in removal proceedings.
- Waivers of Inadmissibility: Certain grounds of inadmissibility may be waived, depending on the circumstances.
- Voluntary Departure: In limited situations, individuals may be permitted to leave the United States voluntarily in lieu of a removal order.
Contact a Removal & Deportation Defense Lawyer in Milwaukee Today
We can’t guarantee success in your case, but we can help you find the most promising approach toward avoiding removal based on the specific facts of your immigration status and the grounds for deportation. At the very least, we will provide you with honest advice about your options, and even if there is no solution, we will let you know. For an initial consultation about your most promising legal options, contact us online or call Sesini Law Group, located in Milwaukee and Green Bay, Wisconsin.
