Peeling Back the Removal Proceedings
The deportation of an individual happens quite often. This tumultuous moment happens in Immigration Court after legal proceedings take place and the evidence is reviewed. At this point, an experienced lawyer from the Spodek Law Group can assist you if you want to improve your chances of winning this case.
Now, just because these proceedings are taking place does not mean there is no hope. Your lawyer can still request deportation relief, which is granted by the Immigration and Nationality Act or INA. The following are a few examples:
- Providing information that could grant a status adjustment
- Removal cancellation for those who qualify and have been here seven years or more
- Cancellation of removal sometimes granted to those whose removal would cause great hardship to family left behind
- Deportation suspension granted Under the Nicaraguan Adjustment and Central American Relief Act
- Suspension granted under the Violence Against Women Act
- Protection granted under CAT or the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- Asylum is granted to victims of violence or persecution under Section 208(a)
Perhaps the most common form of relief is voluntary departure, which is granted by the judge often. This solution usually grants a person 60 to 120 days to leave the country, meaning you can see your family and make some arrangements. Of course, the final removal order can be contested as long as it is filed by your immigration lawyer 90 days from when the order was given. The motion is submitted to the Immigration Judge or the BIA, which is also known as the Board of Immigration Appeals. Those who wish to have the judge reconsider your case must file a motion no more than 30 days from the order.
Temporary Visa Holders can also be deported and this could happen for the following reasons:
- Violations to the Visa
- Unauthorized employment
- Falsification of any kind to immigration officers
- Staying in US after visa experation
- Document or marriage fraud
- Convicted of a felony
Fighting the Deportation Order
As mentioned earlier, there are a few avenues to take to fight the removal. The key is submitting proper documentation and forms, which is one way that your lawyer can help. Proving eligibility to some of the aforementioned solutions is one thing, but your lawyer also knows how to highlight some of the aspects of your life that immigration judges pay attention to such as the following:
–How long an individual has lived in this country.
–Green card or US citizens in your immediate family who may be affected by your departure.
–Employment history, especially if you can show longevity since it tells the judge you are not a liability.
–A history of tax payment, which can be done without a SSN as long as an IRS Individual Taxpayer Identification Number or TIN was used.
–Any and all positive involvement in your community.
–How many violations against US immigration laws were committed.
–History of rehabilitation should you have a criminal history, meaning did you commit one crime or is there a pattern.
There are many other aspects that are going to be under the legal microscope, and it is your lawyer’s job from the Spodek Law Group to polish those aspects of your life. Time is vital in these proceedings, so be sure to not waste any time and consult with a professional as soon as possible. There may be a favorable solution as long as you give yourself and your family a fighting chance.
When you are arrested by ICE, or served with a Notice to Appear, it can be a scary experience. Most immigrants in this situation aren’t sure where to turn to next. Dealing with immigration proceedings alone can be a stressful and confusing process. That’s why it’s best to use the help of an immigration lawyer to make sure your rights are protected. Don’t put your future in the U.S. at risk; get legal representation from a Queens deportation lawyer.
What is Deportation?
Deportation is legally referred to as removal. This process starts when the government finds that an immigrant no longer qualifies to live in the country. Removal is the legal process that occurs through the immigration court system to expel a person from the U.S. The removal process is reserved for immigrants living (or visiting) in the U.S., whether they are here legally or illegally.
There are several reasons DHS may initiate a removal proceeding. DHS may allege that the immigrant has engaged in some sort of fraud to obtain immigration benefits. Action will also be taken if the immigrant is involved with illegal drugs, or is convicted of a crime of violence.
Don’t Expect Help From the Court
Immigration courts are set up to have expeditious proceedings. As such, they are more informal and will not spend extra time on any particular case. Immigration proceedings do not have juries, and a lawyer will not be appointed for you. Furthermore, the judge will not be able to help you build your case, recognize legal issues or assert a defense. Therefore, if you do not have a lawyer, you will be representing yourself against the government’s lawyer who represents the Department of Homeland Security (DHS).
Those who show up to court unrepresented will be expected to answer to the removal charges. At the first master calendar court date the judge will probably suggest that you retain a lawyer. If you do not hire one, you will have to handle the rest of the proceedings by yourself. You will be responsible for providing a legal argument as to why you are not removable from the U.S. If you cannot assert a valid defense and supporting evidence, the immigation judge is required to deport you.
How a Deportation Lawyer Can Help
Hiring an experienced immigration attorney is your best option to fight removal charges. If a lawyer is retained prior to the hearing, he or she can review the charges against you to determine if the government has sufficient evidence. Your attorney can also interview you to find out if any special circumstances exist that would provide you with a deportation defense. Immigration laws are very complicated, and it is hard for the layperson to analzye a case. By hiring an attorney, you may find that there is an applicable defense that you never knew of. If a defense is found, your attorney can advocate on your behalf to the court and prosecuting agency.
Possible Deportation Defenses
Several defenses may be available to you depending on the facts of your case. As an initial matter, your attorney may be able to release you from ICE detention through a bond hearing. A deportation lawyer can help prove that you are not subject to mandatory detention based on background and ties to the U.S.
An attorney may also file a motion to terminate the removal proceedings. This option can be used if there is a lack of evidence surrounding your removability. The most common way removal proceedings can be terminated is if relief is granted that allows the immigrant to remain in legal status. An example of this type of relief is asylum.
Immigrants undergoing removal may also qualify for a waiver. Depending on the circumstances, you may qualify for a waiver of inadmissibility, or a 212(c) waiver. If either of these waivers is granted by the immigration court, the you will be allowed to remain in the country.
Some immigrants can prevent deportation by qualifying for an adjustment of status. In such a case, the immigrant would apply for residency through another family member. Then, the court would grant relief from removal because the immigrant has the opportunity to transition into legal status.
Another possible defense is cancellation of removal. This is a form of discretionary relief that grants permenent residence status in lieu of removal. There are several requirements that must be met in order to qualify for this type of relief. A deportation attorney can assist you in determining if you qualify.
Get Immediate Help!
Immigration cases are time-sensitive matters. Make sure to contact an attorney as soon as you are placed in removal proceedings. This means you should get legal assistance as soon as you receive a Notice to Appear. A deportation lawyer can help you defend your case to the best extent possible.