When hiring an immigration lawyer before a removal hearing, the attorney may be able to help stop deportation by determining if circumstances may not warrant deportation.
Ways an Attorney May Defend Against Deportation
Under certain circumstances, individuals in and around Chicago who are facing deportation may be able to avoid it. The reasons for arguing against deportation may be unclear to those who are unfamiliar with U.S. immigration laws, making it ideal to work with an experienced Chicago deportation attorney who understands how the law works.
The following are some ways an attorney may be able to fight against deportation.
Arguing That the Charge Is False
An attorney may attempt to argue that a charge against the defendant is false. For instance, an immigrant’s criminal conviction may not warrant removal according to U.S. immigration laws.
Attorneys may also be able to prove that the immigrant is a U.S. citizen because of a parent or grandparent who is an American citizen.
Arguing for Asylum
Lawyers may be able to argue that defendants qualify for asylum due to their fear of and reason to believe they would face persecution upon returning to their home country.
Requesting a Green Card
If the immigrant is the immediate relative of a U.S. citizen, or a “preference relative” with an available visa number and priority date, the attorney may be able to request the granting of a green card from the judge.
Requesting Cancellation of Removal
If requesting a green card isn’t possible, the attorney may help the defendant present an application for cancellation of an Order of Removal. This would open up green card availability to immigrants who have spent several years in the U.S. and have good moral character and have a qualifying U.S. citizen or permanent resident relative.
Asking for Prosecutorial Discretion
Because of the immigrant’s familial and other ties, along with their good character, attorneys may be able to ask the Department of Homeland Security to exercise prosecutorial discretion. Even if the defendant is unable to obtain a green card, the attorney could still argue for closing the case because the defendant poses no real threat.
The right lawyer may help by using any of these defenses, and could also make the best recommendations even if none of these apply. Attorneys will help immigrants understand their rights and work to develop the strongest argument in their favor.