Thousands of non-citizens are asked to leave the United States each year. And while people can get deported from the country for various reasons, two of the most common causes are: being found guilty of certain crimes (such as serious drug crimes, rape, theft, assault, etc.) and violating U.S. Immigration laws.
Non-citizens can face deportation regardless of whether they entered the United States legally or illegally. Non-immigrant visas are issued to foreign nationals, allowing them to visit and temporarily stay in the United States for tourism, education, business, and other purposes. These visas are only valid for a certain period, and upon expiration, the visa holder is legally required to exit the United States or face legal consequences.
If you find yourself in this position, seek the help of a competent deportation lawyer immediately.
EXPERIENCED DEPORTATION DEFENSE ATTORNEYS
Immigrants have certain rights and protections even when faced with the possibility of removal. You have the right to a fair hearing and to appeal the immigration court’s final decision. However, fighting deportation alone is extremely difficult, which is why it’s crucial that you work with a lawyer who is well-versed in removal and deportation law.
Whether you have simply overstayed your visa or have committed a crime, you can count on Alcock & Associates to do everything in our power to prevent your deportation.
Our top immigration attorneys have represented thousands of people in deportation cases. We’re a group of immigration lawyers passionate about defending our clients. We understand how stressful and frustrating it is to be in removal proceedings or immigration custody. If you or a loved one is facing deportation from the United States, you’ve come to the right place. Our Phoenix deportation lawyers are on your side, ready to advocate for your rights and fight for you in Immigration Court.
Contact us today for an honest and professional opinion of your case. Our initial consultations are free of charge!
When a person is detained by ICE, they are often taken to a processing center and then transported to a detention center. In Arizona, detained persons are typically sent to the Florence, Eloy, or La Palma Detention Centers.
Some people may qualify for a bond, which means that an Immigration Judge may allow the detained person to pay a certain amount of money to leave the detention facility.
Unfortunately, it can take several days or weeks before a judge holds an immigration bond hearing. Much of this will depend on the detention center processing time and the Immigration Court’s schedule. If a bond is granted, the detained person can return home and fight for their case outside the detention center. In all cases, it makes sense to speak with a deportation attorney as soon as possible. You may only have one chance to get a bond and a mistake could result in deportation!
Alcock & Associates has helped thousands of people obtain immigration bonds, and we can do the same for you. Our attorneys take representations extremely seriously and will do all they can to provide you with the support you need every step of the way, from obtaining a bond to the final hearing.
Keeping families together is a top priority for Alcock & Associates. You can count on us to fight tirelessly for your right to stay in the United States.
Please feel free to call our deportation lawyers in Phoenix at any time. We look forward to speaking with you today.
Read below for more information about the process.
OUR IMMIGRATION ATTORNEYS CAN HELP YOU GET A BOND
Anyone seeking a bond must first appear before an Immigration Judge, who will determine their eligibility. Certain people cannot get a bond. This includes people who self-surrendered at a port-of-entry and are classified as arriving aliens, people with prior deportations, and people who have committed certain crimes, such as drug crimes. Individuals under any of these categories are usually not eligible for bond. Still, each case is unique, so it is extremely important to speak with one of our immigration attorneys as soon as possible to know and understand your options.
If a person does qualify for a bond, the Immigration Judge will consider two questions:
1) Is this person a danger to themselves, the community, their family, or property? 2) Is this person a flight risk? Will this person attend their court hearings if they are released from the detention center?
If the Judge feels that the person might be a danger or a flight risk, the Judge will deny bond. The Judge is free to consider any evidence available to them to determine flight risk or danger. This means that the Judge will look at all past arrests, police reports, and prior immigration history.
For example, a person who has been convicted of a DUI offense may be considered a danger to the community, an immigration judge can deny a bond for that reason alone. The Judge will also consider whether or not the person was caught crossing the border or has established residence in the United States. Someone who does not have an immediate relative who is a US Citizen or Legal Permanent Resident may be considered an extreme flight risk because they do not qualify for 42(b) cancellation of removal.
A detained person has to provide specific documents to get a bond. An immigration attorney can help you figure out what documents the Judge will want to see in your case. It is important to note that there are many different Immigration Judges, some Judges are more likely to give bonds than others, however, there is no way to know how a Judge will rule in a bond case. Each case is different, which is why it is important to discuss your case in-depth with one of our immigration attorneys.
WHO IS NOT ELIGIBLE TO RECEIVE A BOND
As noted above, some crimes can make obtaining a bond and/or 42(b) cancellation impossible. These offenses are called Aggravated Felonies. If the person seeking bond has one of the following convictions, they will not be eligible to receive a bond.
AGGRAVATED FELONIES UNDER 8 USC § 1101(A)(43)
These crimes make getting a bond impossible:
Alien smuggling – harboring or transporting of aliens except for a first offense in which the person smuggled was the parent, spouse or child
Attempt to commit an aggravated felony
Bribery of a witness – if the term of imprisonment is at least 1 year
Burglary – if the term of imprisonment is at least 1 year
Commercial bribery – if the term of imprisonment is at least 1 year
Conspiracy to commit an aggravated felony
Counterfeiting – if the term of imprisonment is at least 1 year
Crime of violence as defined under 18 USC 16 resulting in a term of at least one year imprisonment, if it was not a “purely political offense”
Destructive devices – trafficking in destructive devices such as bombs or grenades
Drug offenses – These include offenses generally considered to be “drug trafficking,” plus cited federal drug offenses and analogous felony state offenses
Failure to appear – to serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying sentence is punishable by 2 years
False documents – using or creating false documents, if the term of imprisonment is at least 12 months, except for the first offense which was committed for the purpose of aiding the person’s spouse, child or parent
Firearms – trafficking firearms, plus several federal crimes relating to firearms and state analogues
Forgery – if the term of imprisonment is at least 1 year
Fraud or deceit offense if the loss to the victim exceeds $10,000
Illegal re-entry after deportation or removal for conviction of an aggravated felony
Money laundering- monetary transactions from illegally derived funds and offenses such as fraud and tax evasion if the amount exceeds $10,000
National defense – offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information
Obstruction of justice if the term of imprisonment is at least 1 year
Perjury or subornation of perjury – if the term of imprisonment is at least 1 year
Prostitution – offenses such as running a prostitution business
Ransom demand – offense relating to the demand for or receipt of ransom
Receipt of stolen property if the term of imprisonment is at least 1 year
Revealing the identity of an undercover agent
RICO offenses – if the offense is punishable with a 1-year sentence
Sexual abuse of a minor
Slavery – offenses relating to peonage, slavery, and involuntary servitude
Tax evasion if the loss to the government exceeds $10,000
Theft – if the term of imprisonment is at least 1 year
Trafficking in vehicles with altered identification numbers if the term of imprisonment is at least 1 year
Treason – federal offenses relating to national defense
Even if a person has not been convicted of any of the above crimes, the Judge will look at all the circumstances in the case. If there is a question of domestic violence, for example, the Immigration Judge may find the person to be a danger.
There are ways of showing the Judge that the person is not dangerous and not a flight risk. One of our experienced immigration attorneys can help to prove this, and we will do everything possible to help your loved one return home as soon as possible to fight their case outside of detention.
How can I cancel my deportation if I am under a deportation proceeding?
Every immigrant under a deportation proceeding has the right to a trial where they can defend themselves against deportation. This trial is called an Individual Hearing, and it can be scheduled as long as there is one of three predominant defenses for deportation:
Adjustment of Status
Cancellation of Removal
The Adjustment of Status defense requires legal entry into the country. Moreover, an immediate family member who is a resident or citizen (restrictions apply) needs to file a request for you.
Contrary to popular belief, legal entry is not only established if the immigrant enters the country on a visa; it is also established when a border officer has allowed the immigrant to enter the country as a vehicle passenger.
The defense of Cancellation of Removal requires ten years in the country, good moral character, immediate relatives who are residents or citizens, and for these relatives to suffer extreme hardship. Extreme hardship is a variable analyzed only at the hearing, meaning applicants may qualify for a Cancellation of Removal even if family members are healthy.
The asylum defense requires persecution by your country’s government or persecution by people that the government cannot control. Persecution must exist due to race, nationality, religion, political opinion, or membership in a social group.
Formulating these defenses takes a period of one to three years.
As lawyers, our objective is always to solve the problem; an appeal is possible in cases where the defenses are unfavorable. The appeal is a process in which the same case is presented to a judicial agency of greater authority. This lengthy process allows your case to be examined by another, more experienced judge. Appeals are filed with the Board of Immigration Appeals. People under an appeal process cannot be deported, so their stay in the country is extended until the Board of Immigration Appeals delivers a verdict.
Immigrants facing removal should not go to court alone. The deportation proceedings determine their future in the country; they deserve an aggressive attorney with the ability, skill, and professionalism to represent their interests.
WE WIN DEPORTATION CASES
AGGRESSIVE DEPORTATION LAWYERS – WE FIGHT TO WIN
WORLD CLASS CUSTOMER SERVICE
DECADES OF COMBINED EXPERIENCE
WE HANDLE THE DEPORTATION CASE FROM START TO FINISH
Call us now for a free consultation. Our experienced team of deportation lawyers is ready to answer your questions. We have appeared in all immigration courts in Arizona, and we know how to win. Let us help you today.
WHAT HAPPENS AFTER THE BOND IS GRANTED?
If a bond is granted, the next step is fighting the actual immigration case. You must comply with the rules for out-of-custody 42(b) Cancellation of Removal if your immigration case hinges on the length of time you and your U.S. Citizen or Permanent Resident family members have lived in the United States. This is a distinct process, and the requirements can be confusing. Below are some of the questions we must ask to determine whether or not a person is eligible to fight this type of case.
How did you enter the United States?
How long have you resided in the US?
Have you ever returned? How long?
Did you return for longer than 90 days for any one trip?
Have you returned for longer than 180 days for all your trips combined?
Have you ever been deported?
Have you ever signed a voluntary departure?
Have you ever been caught crossing the border and returned immediately?
Have you ever been arrested for any crime?
Are you convicted of any crime?
Does your conviction result from a crime where the state alleges that you intended to hurt someone?
Are you the victim of a crime that happened in the US?
What country are you from?
Have you been politically persecuted or persecuted for your personal beliefs or orientation?
Do you have children who were born in the US? Are they under 21 years?
Are you married to a US Citizen or a Legal Permanent Resident?
Are your parents US Citizens or Legal Permanent Residents? If USC, then by birth?
Do any of your immediate relatives listed above suffer from an extreme and unusual hardship?
Are you engaged to a US Citizen?
Has any family member filed a petition in the past for you?
Do you have an I-130 pending?
Do you qualify for DACA? Entered the US since June 15, 2007, prior to your 16th birthday? In school/diploma?
Do you qualify for a U-Visa?
It would be impossible to list every possible strategy for success in a removal hearing, but the questions above provide a framework within which the judge bases their decision.
Please keep in mind that if you receive a bond but do not qualify for 42(b) cancellation, you may not be eligible to obtain a work permit. There are other types of cases that you might qualify for, so again, it is important to speak with one of our immigration attorneys as soon as possible.
We hope this helps you better understand the deportation process and look forward to helping you and your loved ones in the future.
Choosing Alcock & associates was a blessing to us from day one. They made my wife’s immigration case a breeze. Daniella Hernandez helped us and she was wonderful. If she wasn’t available to speak at the moment, we would always get a quick call soon after. She answered every question we had with confidence and it was clear that she knew what she was doing.
Mr. Alcock since the early 2000 and I’ve seen all his work and growth on helping the community and now after 10 years of residency, I had no doubt of coming to the firm for advice regarding my citizenship process.
- S. and S. W.
Hands down, the best law firm. They really worked hard and still working hard on my complicated immigration case. So far it’s really a good experience with the attorney Lisa, co-attorney Emanuel and all the front staff.
This is the only law firm I turn to for legal consult/representation. Immigration attorney, Lisa Elkin, assisted my wife with her legal residence status. After 34 years of living in this country my wife is finally a legal resident of the United States.
Alcock & Associates has helped me greatly when acquiring and renewing my DACA permit. They are extremely kind hearted and go above and beyond to help the people.
Really professional lawyers. Took two different cases based on immigration from us. One with Cody for the deportation withheld process thank you so much for everything for closing completely the deportation process against my husband.
Very good group of lawyers who work, for your interests without any rest. Thanks to that today I can say that I am a resident I do not have how to thank everything they did for me. Thank you very much and may the Lord bless you.
This will be my third time coming with Alcock & Associates for my Daca and as always they never disappoint, everyone here is super helpful and welcoming! Thank you Kirk for helping with my renewal
Dora and Lisa (the lawyer) did such a wonderful and professional job with my husband's residency. Everything went smooth at ciudad juarez. Everything they said would happen, did. They prepare you very well. I recommend Alcock & Associates 100%. They are honest and will let you know the truth
REPRESENTATION YOU DESERVE
Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case. EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.