A Comprehensive Guide to Deportation Defense: What To Know If You’re Facing Removal
If you are facing the possibility of removal from the United States, you may be able to remain in the country with a strong deportation defense. Learn more here.
Deportation Defense & Immigration Law
When you or a family member is facing removal or deportation, it is critical to contact an experienced immigration attorney right away no matter the circumstances. Sometimes, United States immigration laws can be hard to understand, and an immigration judge might have no problem in taking away your work permit or property or separating you from your family, as it happens in most cases.
There are some situations in which foreign visitors or immigrants are placed in deportation or removal proceedings, such as:
- Immigration fraud;
- Immigration violations;
- Referral from the asylum office after an unsuccessful application for asylum;
- Aggravated felony convictions and other crimes;
- National security offenses;
- The loss or abandonment of the permanent resident status, and more.
Various removal proceedings take place before deportation. Therefore, if you are facing the possibility of deportation, stay calm and act strategically, as you have enough time to get in touch with a law firm.
The Department of Homeland Security
If the Department of Homeland Security determines that you should be deported, they will issue a notice. You will first be placed in the removal proceedings by the issuance of a Notice to Appear (NTA). The NTA will list the accusations and cite the immigration law under which you or your loved one is deportable.
Once the initial hearing has started, you will face the allegations and be asked to admit or deny them. During your immigration case, the legal representation will document and present evidence and elicit testimonies from the family members or any other witness to support the immigrant’s argument and to avoid deportation. After the hearing, the immigration court will determine if the immigrant has to leave the country or if they can remain in the United States.
Defense Against Deportation: How the Immigration Judge and Immigration Court Works
For immigrants facing deportation, there are two stages of fighting the removal or deportation. In most circumstances, the immigrant might appear before an immigration judge in an immigration court.
The immigration judge will determine whether or not you should be deported to your home country. At this stage, our law firm will present documents and arguments against your deportation.
If you’ve reached the second stage, it means that the initial immigration court proceedings determined that you are deportable. You might want to apply for relief from the removal. If you are not eligible for relief, the immigration judge will order your deportation or removal.
Deportation Defense Guide
All detained immigrants deserve protection. At the law office of Michael G. Murray, P.A., we focus extensively on the cases that involve detained immigrants by the United States Immigration and Customs Enforcement Agency.
The U.S. immigration system is complex and imperfect, so getting legal advice from an immigration attorney who is experienced in these types of cases might increase your chances of remaining in the country.
Types Of Deportation Defense
Depending on the circumstances, you can possibly avoid being deported using the most common types of relief forms:
Cancellation of removal for non-permanent residents / VAWA cancellation
This type of relief is one of the most common, and it is a pathway to obtain a green card for some of those who are in removal or deportation proceedings. To get the green card through cancellation or removal, you have to prove that you have a good moral character, you have been physically present in the United States in the last ten years, you do not have criminal convictions, and that you have a U.S. citizen or lawful permanent parent or spouse. Other requirements may apply, so be sure to reach out to an immigration attorney before pursuing this option.
Cancellation of removal for green card holders
To be granted an order of cancellation, you must be a lawful permanent resident for at least five years, have resided in the U.S in the last seven years, not have been convicted of a crime, and have not been granted an order of removal in the past.
Suspension of deportation
Deported immigrants may apply for permanent residence if they follow these rules:
- Must be a person of good moral character;
- Must have been physically present in the country for at least seven years.
Adjustment of status
Deportable persons who are the spouse, parent, widow, or child of a U.S. citizen may be eligible to apply for adjustment of status to that of legal permanent residents. If you qualify for this option, a deportation defense attorney can help successfully apply for your adjustment of status and avoid being deported.
Legalization and registry
If found eligible for legalization by the USCIS, in most cases, the hearing will be closed, and you will obtain the legal right to remain in the U.S. On the other hand, the registry is available for persons who have resided continuously in the U.S. since before January 1, 1972. The applicant has to be of good moral character and not have committed any aggravated felonies.
A waiver request means that deported immigrants may seek consent from the U.S. government to apply for lawful readmission. Our attorneys have extensive experience in immigration law and can obtain waivers of removal for many clients.
If no other relief of deportation is eligible, you may apply for voluntary departure. You will have to pay for your departure and agree to depart for a period granted by the immigration judge.
Besides these types of reliefs of removal, some may be eligible as undocumented immigrants. The area of immigration law is constantly changing as it is continuously analyzed by immigration judges, the Board of Immigration Appeals, and the Supreme Court. It is critical to contact an immigration attorney if you or a family member is in custody in one of the U.S.’s many immigration detention centers. Contact us at (512) 215-4407 for more information.
Deportation Defense Fees
Fees and immigration costs vary from case to case and from one immigration lawyer to another. See our contact information at the bottom of this page for more details.
Defense To Deportation: How Can an Experienced Immigration Attorney Help You
If English is not your first language, you do not have to worry at the law office of Michael G. Murray, P.A. Our law offices, situated in Austin, Texas, and Miami, Florida, have Spanish-speaking professionals who will make the deportation defense process more comfortable. We also provide representation to clients at all hearings before the immigration court.
Best Defense To Deportation
As mentioned earlier, there are many paths of defense to deportation. If you are eligible for any of those mentioned above, you have the opportunity to apply and avoid being deported. If the immigration court denies your case, you may appeal the decision within 30 days to the Board of Immigration Appeals. If they too deny your appeal, you can go further to the U.S. Federal Court of Appeals.
Deportation Defense Strategy
Our deportation defense strategy entails working with our success-oriented, Spanish-speaking, Austin immigration lawyers. The immediate goal is to prevent our clients from being deported and make undocumented immigrants aware of the immigration laws that apply to their unique situation.
If you need help from an immigration lawyer, contact us now at (512) 215-4407 or browse our website for more information. Our attorneys look forward to hearing your story and guiding you through the proceedings.