• Home
• About Us
  • Attorney Profiles
    • Dick James
    • Monty D. Desai
    • George Funderburk
  • Meet the Staff
• Map and Directions
• Practice Areas
  • Personal Injury
    • Traumatic Brain Injury
    • Spinal Cord Injury
    • Burn/Electrical Injury
    • Amputations
    • Dog Bite
  • Premises Liability
    • Negligent Security
    • Slip and Fall
  • Product Liability
  • Vehicle Accidents
    • Automobile Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents
  • Wrongful Death
  • Criminal Defense
    • Theft, Fraud, and Shoplifting
    • Drug Trafficking/Drug Offenses
    • Sealing and Expungement
    • Traffic Violations
    • Criminal Domestic Violence
    • Juvenile Offenses
    • Probation Violation
    • Misdemeanors and Felonies
    • Driving Under the Influence
    • Murder
    • Sex Crimes
    • Assault and Battery
  • Workers’ Compensation
    • Workers' Compensation Questions
  • South Carolina Workers’ Compensation Law
  • Workplace Injuries
    • Head Injury/Brain damage
    • Vision Loss
    • Back & Neck Injury
    • Shoulder Injury
    • Hand Injury
    • Nerve Damage
    • Broken Bones
    • Electric Shock Injury
    • Paralysis
    • Amputation/Loss of limbs
    • Medical Professionals Injury
  • What is Social Security Disability Insurance (SSDI)?
    • The History of SSDI
    • SSDI Qualifications
    • SSDI Benefits (disabled worker, long-term, short-term, family, etc)
    • SSDI Process
  • Medicare and Medicaid
  • Nursing Home Abuse and Neglect
  • Immigration Law
    • Green card
    • Naturalization and Citizenship
    • Work Visas
    • Deportation
• Español
  • Lesiones personales
  • Seguro de riesgos laborales
  • Defensa penal
  • ¿Qué son las prestaciones del Seguro Social por discapacidad? (SSDI)
  • Derecho migratorio
• Contáctenos
• Contact Us
• Blog

Deportation

Anderson, Greenville, Spartanburg, South Carolina

Deportation is the process of removing a non-citizen from the United States. This is an act that is ordered by the federal government when the non-citizen has violated an immigration or criminal law. At the Dick James Law Firm, we have attorneys experienced in immigration law who can help you if you are living in the Greenville, South Carolina area and are in danger of being deported.

The Removal Process

A removal hearing is conducted to determine whether a non-citizen should be deported from this country. This is the sole procedure used to determine if the non-citizen is deportable, inadmissible to the country or eligible for relief from removal proceedings.

The Department of Homeland Security (DHS) is responsible for all removal proceedings in the United States. If the DHS has alleged a violation of any immigrant law, it possesses the discretion to serve the non-citizen with a document charging them with the violation. This is called a Notice to Appear and it orders the individual to appear in immigration court before a judge. The notice contains the following information:

• The nature of the proceedings against the individual
• The alleged acts the individual has committed to violate the law
• The right of the individual to be represented by an attorney
• The consequences facing the individual for failure to appear at the scheduled hearing

Removal Proceedings

The removal proceedings require the Immigration Judge to make two findings. The first is to determine the non-citizen's removability from the United States. The second is to determine if the non-citizen is eligible for obtaining a form granting relief from removal.

When the non-citizen has an action pending before the Board of Immigration Appeals (BIA), and they have been detained and are in danger of immediate deportation, the individual, a representative or the individual's attorney can request a stay of deportation from the BIA.

Immigration law can be complicated and extremely confusing for the individual wishing to remain in the United States. There is a large amount of paperwork and red tape that must be dealt with in order to complete the process to become a citizen, or to avoid the danger of deportation. If you are a non-citizen in danger of being deported, or you are wishing to become a United states citizen, please contact the Anderson, Spartanburg and Greenville, South Carolina immigration attorneys of the Dick James Law Firm.