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Removal Defense Attorney in Miami, Florida

According to the U.S. Department of Homeland Security, during the fiscal year of 2019 more than 1 million foreign nationals were apprehended in the United States. 359,885 of these foreign nationals were deemed illegal aliens (immigrants) and deported from the United States. A non-citizen may be removed or deported from the country based on the orders of the federal government. If you are a non-citizen or undocumented alien facing the possibility of deportation, it is important that you retain a highly-skilled Florida immigration attorney as soon as possible to protect your rights.

At Gurian Group, P.A., I am committed to providing experienced legal guidance and reliable representation for a variety of different immigration matters including deportation and removal defense. As your legal counsel, I will review the details of your personal situation, help you understand all possible legal options, and outline an effective legal strategy for your case. I will fight vigorously to protect your rights and help you seek relief from the federal government. Gurian Group, P.A. is proud to serve clients in Miami and the surrounding communities throughout Southern Florida.

Legal Reasons for Deportation

Deportation or "removal" can be described as the formal removal of a foreign national from the United States for violating an immigration law or a more serious criminal law. Deportation occurs when the U.S. federal government orders that an immigrant or non-citizen be removed from the country. The U.S. Immigration and Customs Enforcement (ICE) may institute a deportation proceeding due to any of the following reasons:

  • Committing an offense, notwithstanding when the crime occurred

  • Conduct-based grounds, including alcohol or drug addiction

  • Criminal conviction

  • Errors or fraud related to immigration documentation such as participating in a fraudulent marriage

  • Staying in the United States after a tourist, student, or another visa has expired

  • Committing fraud

  • Failure to appear at a prior immigration hearing

  • Being in the U.S. unlawfully

  • Violating any condition of your visa status, including failing to update your address.

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Understanding the Process for Removal

The removal process begins by placing the person into "removal proceedings." The removal proceedings start when ICE formally accuses a foreign national or non-citizen of being removable. This occurs when the federal government believes that:

  • The person is in the United States without proper documentation.

  • The person has violated the terms of a visa or other status.

  • The person has violated immigration or criminal law that prevents him or her from remaining in the United States.

Removal Hearing

Once you've been placed in removal proceedings, the Department of Homeland Security will file a "Notice to Appear" with the immigration court and serve a copy to you. You will have to appear before an immigration judge, who will determine your removal.

Master Hearing

A master hearing is the first hearing in an immigration case. During the hearing, you will discuss with a government attorney and the immigration judge whether the charges filed against you in the "Notice to Appear" are true. You will also know whether you are potentially eligible to apply for relief from removal during the master hearing. If you are eligible, a deadline to file your application and any evidence will be set by the immigration judge. Your case will also be scheduled for an individual hearing.

Individual Hearing

During the individual hearing, the immigration judge will review all of the documents and evidence related to your case and listen to your testimony to determine whether or not to grant your application. If your application is denied by the immigration judge, you will be deported. However, you can appeal the decision by the judge, provided that you file the appeal on time. While your appeal is under review, you will not be removed or deported as long as your appeal is still pending.

How to Qualify for Relief from Removal

Non-U.S. citizens or undocumented immigrants who are in immigration court may qualify for some form of relief from removal. These forms of relief include:

  • Family-based adjustment of status

  • Seeking asylum from persecution in your country of origin

  • Private bills

  • Adjustment of Status under the Immigration and Nationality Act

  • Withholding of removal

  • Cancellation of removal

  • Protection under the Convention Against Torture.

  • Cancellation under the Violence Against Women Act.

  • Deferred action

  • Prosecutorial discretion

  • Voluntary departure

Work With an Experienced Removal
Defense Attorney in Miami, Florida

Immigration laws in the United States can be extremely complicated and are constantly changing. Without proper guidance, it is easy to miss out on your opportunity to avoid deportation or removal. Therefore, when facing the prospect of deportation, having a knowledgeable Florida immigration attorney working on your behalf can be crucial to the outcome of your case.

Over the years, countless clients have reached out to my firm, Gurian Group, P.A., for reliable legal counsel, guidance, and representation. I’m proud to defend the rights of individuals and families facing possible deportation from the United States.

As an experienced removal defense attorney, I will review the details of your unique circumstances, educate you on all of your legal options, and outline an effective defense strategy for your case. I will do everything I can to help you seek the outcome you need in your quest to seek relief from removal.

Experienced Removal Defense
Attorney Serving Miami, Florida

If you're a foreign national or undocumented immigrant facing the possibility of removal, contact Gurian Group, P.A. today to schedule a one-on-one case consultation. I can offer you the comprehensive legal counsel, guidance, and strong advocacy you need to navigate key decisions. I proudly serve clients in Miami and the surrounding communities throughout Southern, Florida, so reach out today for help!