Deportation can threaten a family member who does not have a legal status in this country. This can affect not only this individual’s life but all those he or she loves that may be left behind. All in all, only US citizens have the right to live and work in this country. Citizenship is reserved for those who were born in this country or those who were born to one or two US citizens, even if born outside this country. Citizenship can also be granted to Green Card holders through naturalization.
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.