Deportation Defense Lawyer
Deportation can be a terrible prospect for all individuals involved, but such events can be avoided with the help of our professional deportation defense lawyer in Atlanta, GA. BCA Law Firm is a team of immigration lawyers with years of experience in business immigration, family-based immigration, naturalization, permanent residence, investor immigration, family-sponsored immigration, consular visa processing, employment-based immigration, and student visas.
Award-Winning Deportation Attorney in Atlanta, Georgia
Bhavya Chaudhary graduated from the Delhi University School of Law with an L.L.B degree and a Masters of Laws degree from Emory University in Atlanta, Georgia. As a Deportation Attorney and Founder of BCA Law Firm, Bhavya is fully licensed to practice law in Georgia, Tennessee, as well as India.
Her career as an immigration lawyer is mainly focused on K1 visas, investment based immigration, removal defense, family based immigration, federal, and appellate court litigation, EB-5 Visas, and employment based immigration.
Bhavya Chaudhary is also an active member of several non-profit and community organizations such as GAIN and RAKSHA, as well as being a member and speaker for the American Immigration Lawyers’ Association and Liaison Committees of AILA Georgia.
In 2020, Bhavya’s diligence and extensive pro-bono work earned her the title of 2020 Attorney for Justice, which was awarded by the Tennessee Supreme Court and the Access to Justice Commission.
Our Atlanta deportation defense lawyer is on hand to answer all sensitive immigration questions. Feel free to contact us anytime to have your case reviewed by our team.
Deportation Defense Law Firm Explains – What is Deportation?
Our deportation defense law firm has extensive experience with regards to all deportation matters, including naturalizations & removals, as well as cases with criminal issues. Immigrants who are faced with deportation back to their home country or permanent exclusion from the United States, more often than not are feeling hopeless in the face of bureaucracy, strict protocols and removal proceedings that can be time-consuming, troubling and very stressful.
The deportation lawyers of BCA Law Firm are devoted to defending individuals facing removal from the United States. Our team of immigration deportation lawyers will stand by your side every step of the way, ensuring a positive resolution to the issue you are facing.
What is deportation? It’s a situation when immigration authorities decide that a foreign national must be removed from the United States and he or she is subsequently returned to their home country. Deportation or removal usually takes place when a foreign national or immigrant violates U.S. immigration law.
There are several circumstances that usually lead to removal or deportation, but the most common reasons visitors or immigrants are deported include:
Failing to depart after a grant of voluntary departure
Final Order of Deportation/Removal after being denied asylum in the U.S.
Green Card or Visa expiration
Criminal convictions for felonies or misdemeanors
More often than not, removal or deportation proceedings will be initiated on the grounds listed above but other grounds can include fleeing from an immigration checkpoint, engaging in sham marriages to gain a green card, assisting in human smuggling into the U.S. or failing to alert immigration authorities when changing an address or domicile.
The complete grounds for removal or deportation can be found in the 237 section of the Immigration and Nationality Act (I.N.A.)
Contacting a deportation defense lawyer immediately after learning of a possible deportation could mean the difference between involuntary removal from the United States and remaining a lawful permanent resident.
Our deportation defense law firm will vigorously support your right to remain in the United States.
Deportation Defense in Atlanta: Deportation Process Timeline
The deportation process timeline usually starts when an individual is arrested by local police for a crime or misdemeanor. Regardless of the severity of the crime, the police may share the arrest information with ICE – Immigration and Customs Enforcement. Police may hold an illegal alien for up to 48 hours before transferring them to ICE, but they are not legally required to do so. If ICE decides to remove an individual from the United States, the deportation process timeline is as follows:
Expedited Removal Assessment – ICE will first determine if you are qualified for expedited removal. If you qualify for expedited removal, you will be deported within two weeks.
Notice to Appear – If you did not qualify for expedited removal, ICE will serve a Notice to Appear in immigration court. The notice can be served in person or by mail – you have 10 days to appear in court.
Detainment – If you were not already detained by this point, ICE will proceed with arresting procedures.
Bond Hearing – ICE will judge if the individual can be released based on their own recognizance or if he or she requires a bond. If a bond is required, then immigration court will set the appropriate amount. Failure to pay the bond will result in detaining the individual.
Master Calendar Hearing – A federal immigration judge will conduct a hearing to determine how the case will proceed. Charges are listed and you will be required to deny or admit each charge.
Merits Hearing – During this time of the deportation process timeline, you can present arguments for defense against deportation. The merit hearing may take hours or even days to complete, depending on the complexity of your case – a deportation defense lawyer or deportation attorney can ensure that you present your case in the best way possible. Once the hearing is finished, a judge will deliberate and decide if you are eligible to receive relief from removal.
Order of Removal – Should the judge rule against your request for relief, the court will issue a deportation or removal order.
- Appeal – After receiving the removal order, you have 30 days to appeal to the Board of Immigration Appeals. The appeal process can take months or even years, depending on the complexity of your case.
Removal & Deportation – If the appeal is denied, you will be deported as soon as your home country approves the transfer.
How Long Is The Deportation Process?
Deportation cases that qualify for the expedited removal usually result in a removal order being issued within two weeks. Cases that don’t qualify for expedited process may take up to 2-3 years to reach a verdict through immigration court.
In 2020 alone, over 170,000 individuals were detained in ICE facilities throughout the United States, with an average detention period of three months for each immigrant.
How An Atlanta Deportation Defense Lawyer Helps
Your deportation attorney will first spend the time necessary to evaluate whether the Department of Homeland Security accusations against you are viable. Certain personal circumstances could also warrant for relief from deportation. This is why it’s important to answer your deportation lawyer’s questions carefully – this is the first step to a strong defense.
U.S. Immigration law is a complex matter, but an experienced deportation attorney can make the process less traumatizing and ensure a positive outcome. Your removal defense lawyer might argue that the charge or charges against you are false or that you qualify for asylum, because of reasonable fear of persecution in your home country.
Even if you feel that you might qualify for one or more defense possibilities, our Atlanta immigration lawyer can help you make the strongest argument possible. Our lawyer will draft legal briefs, prepare you and your witnesses for the court hearings, prepare exhibits and fill out any forms required for your defense.
If your case for relief is denied, our deportation defense law firm will fight to ensure a positive result on appeal – having a solid defense case during the legal hearings increases your chances of a better result.
Immigration Attorney Fees: Deportation
Immigration attorney fees for deportation can vary greatly, depending on the complexity of your case and the services needed. Hiring an attorney for a family-based immigration petition is less costly than hiring a deportation attorney to present your relief from removal case.
20 Years Of Experience In Various Cases
We’re proud that our law firm offers top-notch legal services for a nationwide affordable pricing! With us you’ll never feel like the lawyers are just robbers in suits, besides, we win 98% of all cases. So with us, your chances of winning are as high as they possibly can be!