Removal Proceedings

Removal Proceedings Attorney Miami, FL

If you have recently received a Notice to Appear (NTA) and you are unsure what this means for you, you must seek legal advice immediately.  Our team of immigration and criminal defense attorneys at Garcia & Qayum Law Group, P.A. in Miami, Florida are ready to advise you on your best course of action.

What is a Notice to Appear (NTA)?

While removal proceedings are generally initiated by placement in an Immigration and Customs Enforcement (ICE) facility, this is not always the case.

A Notice to Appear is a document stating the reasons why Immigration and Customs Enforcement believes it is necessary for a person to be removed from the United States.  The person will then be charged with removability under specific provisions of law.

This document is the first step in a long line of legal processes that, if not contested, may eventually lead to a person’s removal from the US.

As the issuing of an NTA signifies the beginning of removal proceedings, a response is time sensitive, and delays in seeking sound legal representation could have devastating effects on the outcome of the case and, by extension, catastrophic consequences on your future.

Contact Garcia & Qayum Law Group for Sound Legal Advice

Why Have I Received an NTA?

The reasons for the initiation of removal proceedings vary by the individual.  If you have violated the terms of your visa, you may be subject to removal proceedings.  Examples of this include overstaying your visa or operating outside the terms of your permit, such as working while in the US on a Visitors or Tourist Visa.  If you have entered the US illegally or are currently detained in an ICE facility, you may find yourself the subject of Removal Proceedings as well.

Other reasons for the initiation of removal proceedings include certain criminal convictions such as aggravated felonies, firearm offenses and condemnations relating to domestic violence. However, criminal convictions do not necessarily mean that deportation proceedings will be brought against you.

If you have any questions relating to this matter, we recommend that you seek legal advice promptly. Garcia & Qayum Law Group has a dedicated team of both criminal and immigration attorneys in Miami, Florida to advise you on all aspects of your case and how they may relate to each other.

Reasons for Deportation:

  • Criminal Convictions, including aggravated felonies, domestic violence or firearms offenses.
  • Violation of Visa Conditions or Overstaying Your Visa
  • Illegal Entry into the United States

What Happens Next?

Once you have received your Notice to Appear, your case will be heard at a Master Calendar Hearing in the Immigration Court.  It is at this stage that you can apply for relief from removal.  Appearing before an Immigration Judge can be intimidating and unnerving.  We strongly recommend you have a Removal Proceedings Attorney present to represent you at your hearing, to ensure you achieve the best possible outcome for your situation.

While an approval of your case is the ideal outcome, should the immigration judge order a removal, you can appeal this decision by applying for Relief from Removal. There are many reliefs you can ask for, depending on your situation.  Again, sound legal advice from somebody with in-depth knowledge of immigration procedures is vital at this point to ensure you proceed most appropriately and effectively.

Reliefs from Removal can include:

  • Asylum
  • Adjustment of Status
  • Cancellation of Removal
  • Hardship Waivers
  • The government agrees to abandon the case
  • 212(c) relief
  • Prosecutorial Discretion / Deferred action

The specific conditions to the various forms of relief are different and complex and require a personal consultation to understand your situation. Consult with a legal professional today to ensure you know the best course of action for you to move forward with.

The Right to Appeal

In some cases, the judge may not grant relief and may order a removal. As with all legal decisions, you have the right to appeal this.

The appeal process is first to the Board of Immigration Appeals. If this is unsuccessful, you can appeal to the Federal court. The process is complicated and time-consuming and requires strong legal guidance from an expert in Immigration Law.

Each process must be handled with sound knowledge, and correct procedures must be followed. It is not a time for trial and error. At Garcia & Qayum Law Group we understand that you are putting your life in our hands and we treat each case as such. All our attorneys have a wealth of experience and knowledge to help you through this difficult time and assist you in fighting your case.

Call Garcia & Qayum Law Group Today for Advice – (305) 230-4020.

Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.