Deportation and Removal in Georgia: Your Rights

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Are you, a family member, or even a friend facing Georgia deportation proceedings? At such times, you could probably wonder what the outcome is after Immigration and Customs Enforcement (ICE) detains you or places you into removal proceedings.

During any removal proceedings, you are entitled to an attorney. Nevertheless, the government does not give you an attorney for free. A reliable immigration attorney in Georgia could help you understand your deportation defense.

Let’s dive deeper into this subject to help you understand your rights when you are detained for deportation in Georgia.

What Is deportation?

Deportation is when the United States Government removes you from the country because you violated specific immigration laws.

As an immigrant, even if you possess a green card, you can be deported for committing specified crimes while in the country.

The United States immigration law is broad. It’s advisable to clearly understand your limits, rights, and privileges as an immigrant in the country. That way, you can know how to fight deportation.

What Are Potential Reasons to Be Deported?

You can be deported in Georgia if you are found guilty of a “deportable offense.” Usually, such offenses differ depending on your immigration status.

Here are some of the most common reasons why you might be deported in Georgia:

1. Being in the country illegally

You can be deported if you are in the country without permission. In most cases, this is common for undocumented immigrants.

The law requires you to enter and stay in the US only if you have a valid visa. Upon visa expiration, you are supposed to renew as needed. Being in the state with an expired visa can lead to your deportation.

2. Committing a “deportable crime”

Having a green card gives you permanent residency in the US. However, even green card holders could be deported, especially if they commit a crime. Determining whether the crime you committed is a “deportable offense” or not is the responsibility of the immigration officers.

Some common examples of “deportable crimes” include:

  • Marriage fraud
  • Fraud
  • Terrorism
  • Money laundering
  • Firearms trafficking
  • Drug offenses
  • Domestic violence

If you face Georgia deportation charges as a noncitizen, it would be best to engage an immigration lawyer.

3. Breaking visa rules

If you are a nonimmigrant or a visa holder, you could be deported for breaking your visa rules. Typically, a visa grants you temporary residency in the United States but under certain conditions.

For example, if you came to the US on a tourist visa, the law forbids you from participating in any work or employment. In case you go against such requirements, you are liable for deportation.

Your Rights When Facing Deportation Charges

When detained or arrested for deportation charges, it is advisable to exercise your rights. Here is what to do:

  • Limit what you say: usually, you do not have to speak, and in case you do, avoid disclosing your immigration status. Also, when answering questions, do so truthfully.
  • Request for a warrant: anybody, the immigration officers or the police, should have a warrant of arrest. Ensure that you ask for a signed court order before you let them arrest you.
  • Ask to speak to your lawyer: it is advisable to talk to your lawyer before answering any questions. An immigration attorney will use every option possible to seek a positive outcome for your case.
  • Don’t sign any documents: avoid signing any form of a document unless you understand the contents or your attorney advises you to sign

Talk to a Reliable Immigration Attorney in Georgia Today

Going through a deportation process is stressful, especially if you don’t know your options. Deportation proceedings won’t always work in your best interests. A skilled attorney at Moffitt Law, LLC can help you face the charges boldly, promising a positive outcome.

Talk to us today about your Georgia deportation charges. Our law firm has experience dealing with various deportation cases.

Immigration FAQ

What if I have a reasonable fear of going back to my country?

If you have evidence that you will be subjected to torture or persecution after returning to your home country, you can be granted an immigration judge hearing. The hearing determines whether or not you may be given asylum.

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