Understanding when to contact a deportation defense lawyer can help immigrants improve their chances of remaining in the United States. When immigrants face deportation and removal because of certain grounds for removal, they should contact a deportation defense lawyer to discuss their options. They may be able to fight the deportation process and avoid removal with the right defense, depending on the situation. An experienced deportation defense attorney will be able to determine whether it’s possible to establish a defense and figure out the best approach to take.
What Are the Grounds for Deportation and Removal?
There are several types of grounds for deportation and removal in the United States. Some of these legal reasons may include:
Failing to Maintain Status and Meet the Visa’s Conditions
Immigrants must meet the conditions of their visas to avoid deportation issues. Different visas will have different requirements, depending on the immigrant’s reason for being in the country. For instance, individuals who enter the country as students or tourists on a corresponding visa won’t be able to gain employment in the U.S.
Immigrants generally need to maintain their status, or they face deportation and removal.
Violating the Nation’s Immigration Laws
Another possible reason for deportation could include any violation of U.S. immigration laws. This may entail visa overstays, marriage fraud, entering the country illegally, documentation fraud, or smuggling people into the country illegally, among other violations.
Certain types of crimes may also warrant deportation and removal. Crimes that may lead to deportation include document fraud, domestic violence, murder, and rape. Others include criminal offenses involving drugs or controlled substances, terrorism, or espionage.
What Is a Deportation Notice?
If an immigrant faces deportation for any reason, understanding the deportation process is important to be able to defend against removal.
Normally, the deportation process begins with a Notice to Appear (NTA), which the U.S. government will issue. This document includes details about the recipient, including the immigrant’s name, the reason for deportation, and the individual’s country of origin. The individual will then need to appear in court on the date indicated in the notice.
Common Defenses to Removal
Depending on the nature of the deportation, immigrants may be able to avoid removal with a strong defense. Immigrants can challenge removal under circumstances such as:
Some immigrants may fear returning to their country because of potential persecution. In these cases, immigrants may be able to apply for asylum to gain residency in the United States. Based on a recent court case, immigrants can challenge expedited removal by appealing a denial of their asylum claim.
Family-Based Visa Petition
Immigrants may also be able to defend against deportation if they are married to or a parent of an American citizen. Individuals normally must have entered the country legally if they want to adjust their status with the help of a family member. However, this isn’t always necessary.
Cancellation for Individuals Who Aren’t Lawful Permanent Residents
It may be possible to defend against removal if the immigrant has physically stayed in the country for 10 years and can show that his or her removal would cause hardships for him or her or an immediate family member. Proving these items may help individuals obtain a green card to attain lawful permanent resident status.
Other potential defenses may be available to immigrants in some cases.
How an Attorney Can Help
When facing deportation and removal, immigrants may want to hire a deportation attorney. If immigrants are unsure of how an immigration attorney can help stop deportation, they can do so in a few key ways.
The right attorney would be able to help immigrants understand their case and the risks involved. Lawyers can also discuss potential options to fight deportation. Additionally, they can determine which documentation will be required to build a defense.
It’s often best to contact a deportation defense lawyer if individuals face deportation and removal and believe they have a valid defense that might prevent their removal.