Charleston Deportation Defense: Protect Your Residency

Maghzi Law Firm LLC offers deportation defense for individuals in North Charleston and beyond who are facing deportation from the United States. Thanks to Attorney Ameneh Maghzi’s thorough understanding of immigration law, our team will be able to provide you with legal defense with the goal to prevent the deportation and allow you to retain your residence in the U.S.

Deportation is a risk for all American immigrants – documented or not. If you’ve been placed in a removal proceeding, it’s crucial to understand the process ahead and the rights afforded to you.

Facing removal from the United States? Get in touch with an experienced Charleston deportation attorney at Maghzi Law Firm. Completed our online form or call (843) 800-2750.

Understanding Removal Proceedings in Charleston

Deportation cases begin when an individual is charged with a Notice to Appear. The Department of Homeland Security will use these documents to list how they believe you violated immigration laws. The notice will also include the date of your first hearing.

Immediate Steps After Receiving a Notice to Appear

If you’ve been served with a Notice to Appear, you must comply with the legal process ahead. You will be expected to:

• Attend all scheduled hearings
• Use Form EOIR-33/IC to report any changes in address within five days of moving
• Follow deadlines assigned by the judge for applications, evidence, and other documentation
• Report to your deportation officer periodically at the designated location (if you were detained and later released)

It is essential that you go to court hearings. If you fail to attend, you will be ordered removed and a warrant will be issued for your arrest.

Know Your Rights During Deportation Cases in Charleston

Everyone in the United States, regardless of their immigration status, is protected by the U.S. Constitution. As such, you maintain the following rights when dealing with ICE and other law enforcement officers:

• The right to remain silent: Individuals are not legally obligated to provide personal information about themselves or their family to law enforcement officials, including information regarding your legal status.
• The right to refuse a search: If officers do not have probable cause to search your belongings, they must first ask for your permission. You have the legal right to deny their request to search your property.
• The right to communicate effectively: If you do not feel comfortable communicating in English, the court will provide an interpreter for removal hearings.
• The right to present evidence: You can bring witnesses to provide testimonies and offer other evidence to support your case.
• The right to review evidence: You have a right to see all evidence presented by the DHS against you.
• The right to appeal: You have the right to file an appeal with the Board of Immigration Appeals if you do not agree with the outcome.

Strategies to Avoid Deportation in Charleston

There are many ways to prevent deportation depending on your situation. Some common methods include:

• Applying for permanent residency or adjustment of status through a family-based petition or employment-based petition.
• If you are a conditional permanent resident, renew Form I-751, Petition to Remove Conditions on Residents in a timely manner.
• If you have a criminal record, file a criminal waiver to prevent your permanent residency from being denied.
• Filing noncriminal waivers: Noncriminal waivers can be filed in order to obtain benefits like U visas, which are set aside for victims of crimes who have suffered from mental or physical abuse, or permanent residency based on a family relationship or employment. Noncriminal waivers might be required if you have committed a “crime of moral turpitude” or have engaged in another “bad act” like lying on a legal form.
• Requesting prosecutorial discretion: Requesting Prosecutorial discretion in writing with evidence to the Department of Homeland Security. Prosecutorial discretion is the authority of an agency or officer to decide what charges to bring and how to pursue a case. Federal authorities can use this discretion by declining to move forward with deportation. In some cases, we can request this action and help you maintain residency.
• Assistance with DACA application: DACA, or Deferred Action for Childhood Arrivals, can be granted to individuals to provide administrative relief from deportation. The purpose of DACA is to protect eligible immigrant youth from deportation who came to the United States as children. At Maghzi Law Firm, LLC, we can help you understand if DACA is an option for you and can help make the filing process simpler.
• Assistance with TPS and NACARA: TPS, or Temporary Protected Status, is a temporary status given to eligible nationals of designated countries in situations that make returning unsafe. We can help determine if your home country is one of these designated countries. Reasons that this might be the case include a situation of an ongoing armed conflict, an environmental disaster, and other dangerous circumstances. Another possibility for some individuals is seeking help through NACARA, or the Nicaraguan Adjustment and Central American Relief Act. This is a federal law that allows certain immigrants from Nicaragua, Cuba, El Salvador, Guatemala, and countries of the former Soviet Union can access immigration benefits and be relieved from deportation. We can help determine if you are eligible for one of these protections and help you obtain them.
• Support navigating the process under VAWA: Under VAWA, or the Violence Against Women Act, certain victims of domestic violence crimes can be eligible for deportation relief. If you are in this situation, we can help you understand your options.
• Filing a motion to terminate, if applicable: Motions to terminate can be filed to ask an immigrant court to terminate the charging document due to an issue with the charges. We can help determine if this is the case for your charges and assist with the filing process.
• Filing a motion to suppress, if applicable: If the way you were detained by law enforcement was in violation of due process or applicable immigration regulations, there are cases when we can request the immigrant court to suppress the evidence and present the deportation process from proceeding.