How A Deportation Lawyer Helps You Defend Against Removal
Deportation is a serious charge, and your future chances of getting US citizenship are at stake. If you or a relative face deportation from the U.S., you must speak with a deportation lawyer to determine if relief options are available. After being deported, it is almost impossible to re-enter the country legally. A legal counsel can help you develop a strategy to defend yourself in court.
If you’re an immigrant living in Fort Worth TX, it may jeopardize your future if the U.S. Immigration Service decides to check your records and move for your deportation. This is why hiring legal counsel from The Medlin Law Firm is a thing you need to consider immediately.
What Is Deportation?
The removal process also referred to as deportation, is a process that involves removing a person who is not a U.S. citizen from US soil. It usually involves transporting them to their home country.
The Government has to show that it has grounds for removal when it comes to deporting people. Individuals facing deportation are known as respondents rather than defendants. Although they have some constitutional rights, removal is still a civil procedure, and it does not provide respondents with as many protections as they would in a criminal case.
Deportation Process In The U.S.
Other than the actions of the Border Patrol, deportations are also within the ambit of the power of U.S. Immigration and Customs Enforcement. This agency investigates individuals who are illegally staying in the U.S. and brings them to court for removal.
U.S. Immigration and Customs Enforcement or ICE can start a removal case when it identifies specific grounds for removal. If an immigration judge decides that it should remove a respondent, you can either concede the charges or challenge them. An appeal from a judge’s ruling would then go to the Board of Immigration Appeals.
The State Has The Burden Of Proving Deportation Of An Individual
The Government has the burden of proof for deporting people in the U.S. There are grounds for inadmissibility and deportation in federal immigration law, which can result in a person losing their legal right to be in the country.
Inadmissibility involves considering a person’s criminal history and other factors that could prevent them from entering the country. The most common reasons people face deportation are national security and medical issues. If a person is present in the country without a Visa, they violate the law.
When a defendant enters a plea agreement, a deportation lawyer must inform them that their client may face deportation due to a guilty plea. However, the term “deportable” doesn’t just refer to illegal individuals in the country.
Those with legal status in the U.S. through a Green Card or nonimmigrant Visa may have the label of deportable if they violate their immigration status.
What Does A Deportation Lawyer Do?
Before your removal hearing, a deportation lawyer will review the charges against you and determine their relevance. They will also check to see if your life circumstances warrant defending against deportation.
Even though you have read about some of the issues related to immigration law, it might not be apparent to you that these matters have complex details. If the charges against you are false, the deportation lawyer can argue that the judge should dismiss them. For instance, they can argue that the crime charged to you did not meet the removability requirements of U.S. immigration laws.
They can also argue that you are a U.S. citizen because of the actions of your parent or grandparent. They can additionally ask the judge to grant them asylum. A close family of a U.S. citizen or a preferred relative may be granted a Green Card.
Cancellation Of Removal & Deportation
If you are planning on applying for cancellation of removal, you must show that you have a good moral character and have been living in the U.S. for a long time. You can also ask the DHS or the U.S. Department of Homeland Security to exercise prosecutorial discretion and allow you to remain in the country. It can help you to avoid being deported and for them to focus on other individuals who threaten the U.S.
Even if you believe that you might be able to qualify for one of these applications or defenses, an attorney can still help you make the strongest possible argument. They will help prepare exhibits, draft legal arguments, and prepare witnesses for the hearing.
Having the necessary information on file will help you make an informed decision regarding your appeal. It is the only chance to present your arguments and testify before the immigration judge. Unfortunately, appeals only give you a whole new opportunity to present some of your arguments.
What Can A Deportation Lawyer Not Do?
If an applicant is overseas, an attorney cannot attend their consular interviews. However, they can still prepare the necessary documents and communicate with the involved consulates. Individuals should note that lawyers cannot guarantee the outcome of the immigration process, as they can only guide you throughout the process.
Suppose you are uncertain about the process of defending yourself against deportation. You must consult a competent deportation lawyer. It can help you determine which things to act on and remedy any issues that may arise. Having an attorney on your side can help you get through the court process.
Why Does The U.S. Deport Individuals?
Although the U.S. Government doesn’t take lightly its actions when it comes to deporting people, there are several reasons it can do so.
These include aggravated felony convictions, drug crimes, and failure to maintain lawful immigration status. Other serious misdemeanors and unlawful employment violations are also reasons people face deportation.
There are many grounds why the Government puts an immigrant in removal proceedings. Not all those who face deportation proceedings are because of criminal convictions. In addition, If you receive a notice in the mail that says you’re in removal proceedings, you can leave the country without being ordered to leave.
It may be the best possible outcome in some situations, as it allows you to avoid barring from re-entering the country if you leave voluntarily.
How To Raise A Defense Against Deportation
If you can’t stay in the U.S. due to immigration reasons, it’s possible to fight deportation. However, it may be difficult to guess what the judge thinks of your case. Thus, it is crucial to have a lawyer by your side.
Your attorney will review your case and develop a strategy to help you get the best possible outcome. One of the strategies that a deportation lawyer can use is the adjustment of status. It allows you to stay in the U.S. while waiting for the processing of the asylum application.
Even if they’re in the process of being removed from the country, some people can still become permanent residents. For instance, if your spouse or employer can sponsor you, you can stay in the U.S. You can also apply for a Visa immediately after being considered for admission.
Although a cancellation of removal can stop deportation, it’s only for those who have legal documents to stay in the country. It isn’t a fix-all for everyone. An immigration attorney can help determine if this strategy is right for you.
If you are afraid of persecution in your home country, you may be able to claim asylum. The Government can grant this protection based on race, nationality, political opinion, and religion. If you are granted asylum in the U.S., your removal proceedings may stop.
You may be eligible for the registry if you’ve lived in the U.S. since January 1, 1972. It means that regardless of your immigration status, you can become a lawful permanent resident if you meet specific criteria. It may be an avenue your attorney can explore in your case.
If you have been living in the country for at least seven years and are of good moral character, your lawyer can request that your immigration judge suspend your deportation. It would allow you to remain in the country and avoid experiencing extreme hardship.
Waivers Of Deportability
If you are worried about being deported, you can request a waiver of inadmissibility. You can do this through your deportation lawyer, who can show that your removal would cause severe hardship to your family and friends.
Withholding Of Deportation
Unlike asylum, withholding deportation allows individuals to stay and work in the country but not be allowed to leave due to their home country’s threats. It isn’t a path to citizenship, though it permits people to live and work in the U.S.
If you reside in Fort Worth TX and would like to ask for legal assistance from competent legal professionals, The Medlin Law Firm is here for you. You can talk to a deportation lawyer and communicate all your inquiries regarding your case.