Removal Defense Lawyer in Miami
Fight Deportation in Florida
At the Law Offices of Juliana G. Lamardo, we provide assertive legal representation in all deportation and removal-related cases. Removal Defense consists of representation and advocating for immigrants facing deportation from the U.S. If you or a loved one has been arrested and fear that you will be deported, reach out to our Miami removal defense attorney. We will stand by you in immigration court appearances.
Our legal team has experience handling removal proceedings for individuals who have:
- Committed a crime
- Entered the United States illegally
- Overstayed a visa
- Violated U.S. immigration laws
- Abandoned their residency
- Voted unlawfully
Immigration Due to Criminal Convictions
Non-citizens who commit certain crimes can be harshly punished under the Immigration and Nationality Act. Mainly, crimes of moral turpitude (CMTs) and aggravated felonies commonly lead to deportation proceedings.
Crimes of moral turpitude include those committed with "fraud, larceny, and intent to harm persons or things."
Some examples of crimes of moral turpitude include:
- Assault with intent to steal or murder
- Assault likely to lead to bodily injury
- Burglary and arson
- Sexual assault
- Child abuse
- Domestic violence
- Welfare fraud
- Drug possession for sale
There is a "petty offense" exception for crimes of moral turpitude. If the penalty for a crime can never exceed one year in jail, and you served less than six months for the offense, then the crime might not be classified as a CMT. Some common crimes under the petty offense exception include simple DUIs and minor shoplifting.
How to Prepare for a Removal Hearing
If you have received a notice that you must appear in Immigration Court for a removal hearing, the government has likely charged you with being removable under U.S. immigration law.
The first thing to know is that receiving a notice does not mean that you will automatically be deported. If the government cannot sufficiently establish removability, an immigration judge will not order your deportation. On the other hand, if the government can prove that you are removable, you must request relief from removal.
Strategies to Stop Removal Proceedings
Seeking relief from deportation or removal may allow you to be excused from removal. This will allow you to stay in the United States but will likely be tied to stricter codes of conduct. Our deportation attorneys in Miami can help you file a relief and best options for you.
Some potential forms of relief from deportation or removal include:
- Cancellation of removal for certain permanent residents - (EOIR 42A)
- Cancellation of removal for non-permanent residents -(EOIR 42B)
- Adjustment of status / residency
- Waiver for crimes of inadmissibility – 212(h)
- Waiver for crimes before 1997 - 212(c)
- Waiver for fraud – 212(i)
- Special waiver for fraud - 237(a)(1)(H)
- Petitions to remove conditions on residence - (I-751)
- Motions to terminate
- Voluntary departure
- Prosecutorial discretion
When facing a deportation hearing, it is crucial that you seek assistance from a qualified immigration lawyer. An experienced legal professional can help you determine which defense or form of relief is right for your particular situation.
Get Legal Help with Your Removal Issue
Facing removal can be frustrating and frightening. Our Miami removal defense lawyer is here for you. The Law Offices of Juliana G. Lamardo can help you fight to remain in the United States, while explaining the process and maintaining open communication.
The sooner you call (305) 444-0099, the sooner we can start developing a strategic defense on your behalf.
An Attorney Who Understands
Juliana was an immigrant herself and understands the difficulties her clients face.
Services Available in English, Spanish & Portuguese
Speak directly to an attorney who understands the immigration process.
Specializes in Complicated or Overlooked Cases
Juliana and her team understand and work hard to fight the cases that other attorneys turn away.
Knowledge of the Law
Juliana is very experienced with Immigration Law including Bond Cases and Complicated Removal Cases.