Deportation is a serious concern for many immigrants living in the U.S., but there are several legal avenues to defend against removal proceedings. If you’re facing deportation, understanding your rights and options is crucial. Here’s a guide to help you navigate deportation defense and stay in the United States.
Grounds for Deportation
Deportation proceedings may be initiated for several reasons, including but not limited to:
- Criminal Convictions
- Certain criminal offenses, such as drug-related crimes, violent offenses, or immigration violations, can lead to deportation.
- Visa Violations
- Overstaying your visa or violating the terms of your visa can result in deportation proceedings.
- Immigration Status Violations
- Being in the U.S. without proper immigration status or overstaying a lawful stay can lead to removal.
- Fraud or Misrepresentation
- Providing false information or documents during the visa application process or at entry can trigger deportation.
Options to Defend Against Deportation
If you’re facing deportation, there are several forms of relief you may be eligible for, depending on your situation:
- Cancellation of Removal
- If you’ve been in the U.S. for a certain period of time (typically 10 years or more), have good moral character, and can show that your deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident family member, you may qualify for cancellation of removal.
- Asylum
- If you fear returning to your home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum.
- Adjustment of Status
- If you qualify for a family-based or employment-based visa, you may be able to adjust your status to become a lawful permanent resident while in deportation proceedings.
- Waivers of Inadmissibility
- In some cases, you may be able to apply for a waiver if you’ve committed certain inadmissible acts, such as criminal convictions or misrepresentation. These waivers allow you to remain in the U.S. despite certain violations.
- Voluntary Departure
- If you qualify, voluntary departure allows you to leave the U.S. at your own expense within a specified time frame, avoiding a formal deportation order.
- Deferred Action
- Deferred action is a temporary stay of removal for individuals who meet certain criteria, such as those with longstanding ties to the U.S. or those in certain vulnerable situations (e.g., children or survivors of abuse).
The Deportation Process
If you’re placed in deportation proceedings, it’s important to understand the process:
- Notice to Appear (NTA)
- The process begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA), which outlines the charges against you.
- Master Calendar Hearing
- You will attend a master calendar hearing, where an immigration judge will review the charges and determine if you are eligible for relief from deportation.
- Individual Hearing
- If you qualify for relief, you may have an individual hearing where you present your case and evidence to the judge.
- Decision and Appeal
- The judge will issue a decision. If the decision is unfavorable, you may be able to appeal to the Board of Immigration Appeals (BIA) or seek a review in federal court.
How an Immigration Lawyer Can Help
Deportation defense is a complex area of immigration law that requires a thorough understanding of both legal procedures and eligibility for relief. Working with an experienced immigration attorney can significantly improve your chances of avoiding deportation. Your lawyer can:
- Assess your case and determine the best defense strategies
- Gather evidence, such as family hardship, proof of long-term residency, or asylum claims
- Represent you at hearings and ensure that your legal rights are upheld
- Assist with filing motions, appeals, or requests for relief
Don’t Face Deportation Alone
Deportation can have life-altering consequences, but it’s not always the end of the road. If you are facing deportation, ISA Lawyers is here to help. We can provide the legal guidance you need to defend your rights and fight to stay in the U.S. Contact us today for a consultation and get the support you need.
