Illegal Re Entry After Deportation Lawyer in Loudoun, Virginia
Illegal re entry after deportation is a federal felony under 8 U.S.C. § 1326, prosecuted in the Eastern District of Virginia. A conviction can mean up to 20 years in prison and permanent bars to legal status. As an illegal re entry after deportation lawyer Loudoun Virginia, Law Offices Of SRIS, P.C. provides full representation in removal proceedings. Our team offers 24/7 phone consultations.
Last verified: April 2026 | Eastern District of Virginia | Virginia General Assembly
Federal Law on Illegal Re Entry
Illegal re entry after deportation is defined under federal statute 8 U.S.C. § 1326. It applies to any non-citizen who has been formally removed, deported, or excluded from the United States and who later enters, attempts to enter, or is found in the country without express consent from the Attorney General. The law is strictly enforced, and charges are typically filed by the U.S. Attorney’s Office for the Eastern District of Virginia. A conviction triggers severe penalties and complicates any future immigration applications. Having a deportation defense attorney is critical to challenge the charge and protect your rights.
Official Legal Resources
For the full text of the federal statute, see 8 U.S.C. § 1326 (Cornell Legal Information Institute). For local court procedures, visit the U.S. District Court for the Eastern District of Virginia website.
handling Federal Court in Virginia
Federal illegal re entry cases in Loudoun County are prosecuted in the Alexandria Division of the Eastern District of Virginia. The process is distinct from state court. An experienced removal proceedings lawyer understands that these cases often involve challenging the validity of the prior removal order. Prosecutors must prove every element, including your identity and the lawfulness of the original deportation. We examine the entire record for procedural errors or violations of your rights that could lead to a dismissal.
- Initial Arrest & Arraignment: You will be arrested by ICE or CBP and brought before a federal magistrate judge for an initial appearance and detention hearing.
- Indictment & Plea: A federal grand jury will issue an indictment. Your attorney will review it and discuss plea options with the prosecutor.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or challenge the prior deportation order’s validity.
- Trial or Plea Agreement: The case proceeds to a bench or jury trial, or a plea agreement is negotiated to potentially reduce charges.
- Sentencing & Immigration Consequences: If convicted, sentencing follows federal guidelines. Your attorney will argue for the most favorable outcome to mitigate immigration consequences.
- Post-Conviction & Removal: After serving any sentence, you will likely be placed back into removal proceedings, where separate deportation help is needed.
Potential Penalties for Illegal Re Entry
In Loudoun County, a conviction for illegal re entry under 8 U.S.C. § 1326 carries a maximum of 2 years in federal prison, but penalties escalate sharply with prior criminal or immigration history.
| Prior Record | Maximum Prison Term | Maximum Fine | Immigration Consequence |
|---|---|---|---|
| No Aggravating Factors | Up to 2 years | Up to $250,000 | New deportation order; permanent bar |
| Prior Felony Conviction | Up to 10 years | Up to $250,000 | Same as above;极少豁免资格 |
| Prior Aggravated Felony | Up to 20 years | Up to $250,000 | Permanent bar; no eligibility for relief |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Immigration Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm provides dedicated representation in complex federal immigration matters. We understand that an illegal re entry charge is both a criminal and immigration crisis. Our approach involves coordinating a defense strategy that addresses both the immediate criminal case and the long-term immigration consequences. We work to protect your future in the United States.
Case Results in Immigration Matters
Our firm has handled numerous immigration and federal criminal cases. While specific results depend on case details, our focus is always on achieving the best possible outcome, whether through dismissal, favorable plea negotiation, or trial. For example, our team has successfully challenged the procedural validity of prior removal orders, skilled to favorable resolutions for clients. In federal court, having an immigration court lawyer with experience in both criminal and immigration law is essential.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for Loudoun County Residents
Law Offices Of SRIS, P.C.
Ashburn Location — 20130 Lakeview Center Plaza, Room No. 403
Ashburn, VA 20147
Toll-Free: (888) 437-7747 | Local: 571-279-0110
By appointment only.
Our Ashburn location serves clients throughout Loudoun County, including Ashburn, Leesburg, Sterling, Purcellville, and South Riding. We are accessible to those facing proceedings in the Eastern District of Virginia. As your local illegal re entry after deportation lawyer Loudoun Virginia, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What is illegal re entry after deportation?
It is a federal crime under 8 U.S.C. § 1326 for a non-citizen to enter, attempt to enter, or be found in the U.S. after having been formally removed or deported, without proper authorization.
Can I go to jail for illegal re entry?
Yes. It is a felony punishable by up to 2 years in federal prison, or up to 10 or 20 years if you have certain prior criminal convictions.
What should I do if I am charged?
It depends. Do not speak to investigators without an attorney. Contact a deportation defense attorney immediately. Your lawyer will need to examine the prior removal order and the current charges to build a defense.
Can I fight deportation after a conviction?
It is extremely difficult. A conviction creates a permanent bar to most forms of relief. The best strategy is a strong defense against the criminal charge to avoid conviction and the accompanying deportation order.
How can a lawyer help with removal proceedings?
An experienced removal proceedings lawyer can challenge the government’s case, negotiate with prosecutors, and represent you in both the criminal case and any subsequent immigration court hearings to seek all available forms of relief.
Related Services: If you need assistance with other matters, we also provide criminal defense in Loudoun and federal criminal defense. For a broader overview, visit our Virginia criminal defense hub.
Page Last verified: April 2026. Federal immigration laws and procedures change frequently. The information here is for general guidance and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for advice about your specific situation.
“,
“wordCount”: 1720
}