Immigration Law Attorney
Trust, Talent, Efforts, Teamwork, Results
Deportation Defense Lawyer In Omaha, Nebraska
Fight for You and Your Family
1. When does Deportation Occur?
A Deportaion occurs typically when the immigration law was broken. There are too many reasons to list that can trigger a deportation, such as, overstayed your visa, violated the terms of your visa, committed a fraud crime, lied to a U.S. government official, submitted fraudulent documents, convicted certain types of crimes, served in prison for over certain period of time, etc. Typically the immigration law describes these crimes as inadmissible crimes or deportable offenses.
Here are some examples of inadmissible crimes that may trigger a deportation. Please know that this is not an exclusive list and there are many other violations can cause deportation.
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Mortal Turpitude Crimes - INA § 212(a)(2)(A)(i)(I)
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Controlled Substance Crimes – INA § 212(a)(2)(A)(i)(II)
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Two or more criminal offenses with aggregate sentence of over 5 years. INA § 212(a)(2)(B)
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Certain types of drug crimes- INA § 212(a)(2)(C)
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Prostitution and commercialized vice – INA INA § 212(a)(2)(D)
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Certain aliens involved in serious criminal activity who have asserted immunity from prosecution - INA § 212(a)(2)(E)
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Human Trafficking - INA § 237(a)(2)(F)
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Money Laundering - INA § 212(a)(2)(I)
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High Speed Flight - INA § 237(a)(2)(A)(iv)
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Certain types of firearm offenses - INA § 237(a)(2)(C)
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Crimes of domestic violence - INA § 237(a)(2)(E)
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Violating the terms of your F-1 student visa;
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Engaging in unlawful employment;
Why Choose Li Law Group?
Li Law Group is a law firm that practices immigration law in the U.S. It is located in Omaha, Nebraska. The immigration court is also located in Omaha, Nebraska. Attorney Li has years of defending immigrants in Omaha Immigration Court. His notable cases include a firearm offense, controlled substance offense, serious crime offense, and moral turpitude offense. He was able to achieve successful outcomes for many immigrants. Another reason to choose Li Law Group is that this law firm has a criminal defense lawyer and also very familiar with the Nebraska criminal defense. If you are facing a criminal charge and you are unsure whether it would impact your immigration status, it is recommended that you speak with a lawyer.
2. How Do I know if I am in Deportation?
The legal term used for deportation is removal proceedings. You should know that you are in the process of deportation proceeding when you first receive the notice to appear or you are currently be held by the Immigration Custom and Enforcement (ICE). This is typically the first step of the deportation. The first step is a also a crucial step. Because it is here to determine whether you will be taken to jail to await the process which could take months to years from start to complete. The first step is also the step that you make your initial appearance and plea to the offenses and tell the judge what reliefs that you may want to use to defend yourself. As the rest of the deportation proceeding is partially based off your initial pleading.
You may receive a copy of Notice to Appear. It could be handed to you by a border patrol officer. It could be given to you after you were released from jail. It may also arrive in the mail. On the Notice to Appear, there is a time, date, and location for you to show up in an immigration court. If you do not show up to the court hearing, you may be deemed deportable for failure to appear and uncontested the charges.
3. What are my rights?
As a person in the United States, the U.S. constitution gives you certain fundamental rights. You have a right to retain a lawyer at your own cost. You have a right to due process and have a fair court hearing. You have a right to present your own evidence and witnesses and cross examine the government’s evidence and witnesses. You also have a right to appeal.
If you are facing deportation or your family is facing deportation, call us to schedule a consultation at 402-391-2486.
Removal Defense/ Deportation Defense
Deportation is also called removal proceedings. When someone is facing deportation, it means he is in removal proceedings in an immigration court. The U.S. Department of Justice can start removal proceedings against an immigrant. The triggers to start a removal process against an immigrant could be anything, big and small. For example, a domestic assault charge could trigger the removal process. A DUI could trigger the removal process. In the past cases, there have been cases where the asylum seekers who had lawful status in the U.S. and committed no crime being subject to deportation.
If you or your loved one is facing deportation, please contact Li Law Group at 402-391-2486. We are located at 8424 West Center Road suite 108, Omaha, NE 68124.
4. There Are Different Types of Relief
If someone is a permanent resident or Green Card holder, he may be eligible for cancellation of deportation if he can convince the judge that (1) he has been a green card holder for at least 5 years, (2) he has established 7 years of continuous residence in the U.S. before the deportation process, (3) he has been convicted of an aggravated felony. The key word is MAY. Therefore, being qualified for these 3 requirements does not guarantee your freedom. It is totally up to the immigration judge to decide whether he should give you another chance.
If someone is not a green card holder and is facing deportation. He may be eligible for cancellation of deportation if he can convince the immigration judge that (1) he has been in the U.S. for at least 10 continuous years, (2) during those years, he has been a good person, and (3) he has no been convicted a certain of crime listed in the U.S. laws, and (4) deportation would result in exceptional and extremely unusual hardship to his spouse, children, or parent who is a U.S. citizen or green card holder.
Li Law Group has represented people who were facing deportation. In the past we have seen a lawful immigrant who was a material witness to a pending investigation. However, because he was an asylee and had no contacts in the U.S., and he had no lawyer, the prosecutor in the case obtained an order to put him in jail while the investigation is pending. Even though he committed no crimes and had no charge against him. This individual was soon placed in the deportation process because the fact that he was in jail.
When someone faces deportation, there are ways to ask an immigration judge to release him or to cancel the deportation. In a 2019 case, we successfully won the following decision to cancel the deportation/removal process.
Contact us at 402-391-2486 or click here.