What is Deportation Defense?
Need A Deportation Blocked or Appealed?
If you or a loved one has been affected by a potential deportation, you understand the stress, anxiety and devastation this can cause. For this reason, it’s important that you understand your legal rights. Although the prospect of deportation is scary, The Best Immigration Lawyers are here to guide and protect you throughout the process. We have had tremendous success in immigration court, sometimes winning cases that other immigration lawyers were afraid to touch.
You deserve to be represented by a strong defense team of experienced immigration attorneys.
What Is Deportation?
Deportation is known as the removal of a foreign national from United States soil back to their home country for not adhering to the requirements outlined in the Immigration and Nationality (INA) Act. If deported or “removed,” you’ll never be able to legally return to the U.S. for at least 10 years. Immigrants that are considered Legal Permanent Residents (green card holders) of the U.S. can also be deported.
The circumstances for removal of a foreign national can be initiated by many reasons.
Grounds for Initiating Deportation
As an immigrant, you have the potential of being deported from the U.S. regardless of whether you are a legal or illegal resident.
The circumstances for your deportation can include:
- Participating in unlawful criminal activities (theft, aggravated felony, domestic violence)
- Violating visa requirements such as marriage fraud or overstaying
- Smuggling other people into the U.S.
- Illegally residing in the U.S.
- Falsification of documents
The Removal Proceedings
A Notice to Appear (NTA), Form I-862, is a document filed with the immigration court to formally charge you and begin removal (deportation) proceedings. The form explains why the prosecution (government) believes you are deportable and is sent to you as a formal notice of the proceedings.
The proceedings post-NTA are:
- An initial court hearing
- Secondary court hearing (usually after a few months to a year)
- Removal or no removal from the U.S. issued
Common Types of Defenses Against Deportation
It’s important that you know there are options for fighting against your deportation. As stated in the INA, “no decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.”
Notice to Appear (NTA) was Improperly Served
If the NTA was sent to the incorrect address or sent to someone that was not you on the receiving end, then that gives your lawyer the opportunity to argue that you were never formally notified or informed about the proceedings. Your deportation proceedings could essentially be dropped based on the government’s mishap.
You are Not Removable as Charged
In deportation proceedings, the government has the burden of proving your grounds for removal. If you can establish sufficient facts to prove against removability, the proceedings will be dropped and you will not face repercussions.
Adjustment of Status
If you’re a Lawful Permanent Resident of the U.S. but you forgot to update your paperwork or extend your visa, in most cases like these, as long as there is a valid proof of your legality, the immigration courts will adjust your status and drop all deportation proceedings.
In cases where you are not legally residing in the U.S., you can apply for “Adjustment of Status” in immigration court. There is the possibility, by applying for a visa through the embassy or consulate of your home country, that you could adjust your status to a legal resident. Having a good record and a family relative who is a legal resident or citizen of the U.S. will provide additional proof that you’re deserving of becoming a legal resident.
While there are numerous immigration lawyers, not all of them practice in immigration or are familiar with the procedures. It is very important, if you’re facing deportation, that you have an attorney that is familiar with immigration court procedures and the intricacies involved with handling cases in that forum. Also, having an attorney that is well known to immigration judges is also very helpful. The stakes are always high in immigration court. This is not a place to gamble with your future.
Get The Representation You Deserve
Our deportation defense team, consisting of attorneys and paralegals, and they have significant experience and success in handling legal immigration cases, especially those cases involving deportation. We know and understand the stakes are high. We understand and sympathize with the stress and anxiety you might feel during the process. However, with The Best Immigration Lawyers on your side, you’re taking a major step toward putting your mind at ease by choosing a legal team immigration judges respect.
Our office will advise you of all the options available and will work to provide a solution that could apply to protect you from deportation or other consequences you may face in immigration court. We will help you build a strong defense.
Apply for asylum status with the help of The Best Immigration Lawyers. Contact us today to get started! Or call us direct at (702) 707-2000