Deportation Defense: When to Hire an Immigration Attorney and What to Expect

Deportation can be experience that may be among the most stressing experience of an individual or a family. The impact may be life altering depending on whether you have been served with a Notice to Appear (NTA), whether you have been detained by immigration authorities or you weren’t aware of an older removal order. When such cases arise, it is always better to employ the services of an experienced immigration attorney who can help you with the deportation defense proceedings so that you stand a better chance of remaining in the United States, securing your future.

The process of deportation is fast and one slip up, such as missing pertinent deadlines, going to the court unprepared, or not ensuring that the paperwork is filed in a timely manner will result in removal. Early intervention by knowing when to seek legal assistance from an immigration attorney and what the process is like may save you time and money in making the wrong decisions.

Should you hire an immigration attorney to defend against deportation?

The reason is that many individuals take too long to wait as they assume that they can justify their case before a judge. Your detention also is unfortunate since the immigration court is intricate and the government will employ an attorney to urge your deportation. The ideal moment to hire an immigration attorney is immediately after you are informed that you are going to be put in the removal proceedings.

These are some of the typical cases when you need to hire a deportation defense attorney as soon as possible:

You have been issued a Notice to Appear (NTA) in immigration court.

• You have been arrested or detained by Immigration and Customs Enforcement (ICE),
• You possess a criminal charge or conviction that affects your immigration status,
• You have been refused your visa or green card,
• You have missed an earlier court date or removal order,
• You risk going back to your country of origin because someone may kill you or persecute you,
• You are a lawful, permanent resident who will possibly be deported.

Even simple cases can have long-term consequences and immigration laws are constantly changed, so the choice of the wrong way of action can have long-term effects.

What are possible deportation defense strategies?

Defense of deportation does not merely mean appearing in court. It includes the development of the strategy, evidence collection, motions, and legal arguments that prove that you have the right to remain.

An experienced immigration lawyer can assist you to seek such forms of relief as:

1. Cancellation of Removal

This can be extended to some non-citizens, who have spent several years in the U.S. and are able to demonstrate hardship to a family member of the U.S citizen or permanent resident.

2. Asylum, Withholding of Removal or CAT Protection.

In the event that you are afraid of persecution or torture in your country of origin, you can be given protection under the U.S. and international laws.

3. Adjustment of Status

Others are allowed to use a green card application in the removal proceedings, which is based on their eligibility.

4. Waivers of Inadmissibility

In case you are inadmissible on the ground of your unlawful presence, misrepresentation, or some criminal problem, you might be able to obtain a waiver.

5. Motions to Reopen or Appeals

However, with a previous deportation order, a lawyer can have a chance to reopen a case or to appeal against an unjust decision.

An Overview of the Personal Experience of being deported.

Majority of the cases of removing follow the same path:

1. Master Calendar Hearing- The initial hearing session at which the judge considers your case and sets the date of subsequent hearings.
2. Evidence and Filings Your attorney provides applications, legal briefs, and supporting documents.
3. Individual Hearing- This is the trial where the hearing is brought in and the judge decides.
4. Decision or Appeal – You can appeal should the judge refuse you.

In this process, planning is important. Immigration judges want to see legal arguments, documentation, and reliable testimony- not personal accounts.

Final Thoughts

You are not alone in your deportation when you or your loved one is faced with an order of removal. Deportation defense is timely, intricate, and emotionally exhausting. Your best bet on a stay of immigration is to hire a skilled immigration attorney early in order to become familiar with your opportunities and avoid mistakes.

The right legal advice can save your situation when you have to secure a future to remain in the U.S.