Facing Deportation? How An Immigration Lawyer Can Advocate For You

For the many immigrants who call the United States home, there are few prospects as frightening as deportation. There is a whole host of reasons why someone might be facing deportation proceedings, and attempting to navigate the complex and ever-changing system of federal and state immigration law without professional assistance is nearly impossible. If you (or a loved one) have been served a Notice to Appear before an immigration court, don’t despair – there are many skilled immigration lawyers out there who are ready to fight for your right to remain in your adopted homeland. In this article, we take a look at key aspects of deportation law so that you are armed with the basic knowledge necessary to take your next step.

Possible Reasons For Deportation

Before you try to come to grips with the deportation process, it is important to first understand the possible reasons why you or a loved one might be at risk of, or facing deportation. A fairly obvious reason is that you are in the US illegally, or you were in the US legally but your visa has since expired and you have overstayed. Another common reason for deportation is the violation of visa terms – for example, breaching restrictive conditions relating to your employment by engaging in prohibited employment activity. One of the main reasons a person might be deported is that they have been convicted of a crime. While not all criminal convictions will result in deportation, many will, particularly those which are federal felonies.

Understanding The Deportation Process

The deportation process will commence when you are issued with a Notice to Appear (NTA or deportation notice). Only US Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security, has the authority to initiate deportation investigations and removal proceedings. If ICE issues you a deportation notice, take careful note of the appearance date, as the first court hearing will give you an opportunity to indicate whether you require additional time to hire an immigration lawyer. A further hearing will then take place, at which you will have the opportunity to give testimony and call witnesses in your favor. At this hearing, your attorney will also present arguments as to why you should not be deported.

While some people choose to proceed without a lawyer, it is strongly recommended that you obtain legal assistance. Immigration and deportation defense law is complex and requires years of legal training and experience to make sense of. Remember, your deportation case will be brought by a government attorney representing the ICE agent who will likely have years of experience in presenting legal argument before the immigration courts. To give your deportation defense the best prospects of success, you need to ensure that you have an equally skillful immigration lawyer in your corner.

What Are Your Rights?

One of the most important aspects of an immigration lawyer’s job is to inform you of your rights as an immigrant facing deportation. Unfortunately, many people at risk of deportation lack an understanding of the legal protections available to them. You have the right to a procedurally and substantively fair hearing, the right to hire an attorney and seek legal advice, and the right to present evidence in your defense.

Many people facing deportation are unaware of what these rights entail – for example, did you know that the right to procedural fairness includes the right to request the assistance of an interpreter for yourself or a witness at your hearing?

Finally, if your deportation defense is unsuccessful, you also have the right to challenge the decision of the immigration court by lodging an appeal with the Board of Immigration Appeals.

What Is The Role Of An Immigration Lawyer?

Many people are under the impression that the role of lawyers starts and ends with appearing in court, but this couldn’t be further from the truth.

Consulting, advising and preparing your paperwork

If you appoint an immigration attorney, their first step will be to consult with you in detail about your case and provide you with advice on your immediate next steps. For example, your lawyer will be able to advise you on whether you may travel while you are the subject of removal proceedings (whether traveling under such circumstances is advisable depends on several factors unique to each person’s case). They will take care of any forms that need to be completed or filings that need to be submitted on your behalf. They will also ensure that fair process is followed at every stage of your deportation case.

Developing a defense strategy

Your immigration attorney’s most important task, of course, is to develop a legal strategy that will give you maximum chances of resisting deportation. Part of this strategy may include negotiating with government agencies to agree conditions on which you are allowed to remain in the US. They will also gather evidence to be used in support of your defense, consult with witnesses, and prepare a persuasive and compelling legal argument justifying why you should be entitled to remain in the country.

Remember, immigration lawyers are required to keep abreast of developments in immigration law and policy, and will be adept at working within the legal framework available to argue for your defense. Though having to pay legal fees can be a difficult pill to swallow, you can’t put a price on the peace of mind you will have knowing that your case is in a safe (and skillful) pair of legal hands.

A source of support

Last, but certainly not least, your lawyer will be a vital source of emotional support as you prepare for your deportation hearing. Your lawyer should be compassionate and empathetic, should take the time to explain the process to you every step of the way, and should always be prepared to answer any questions you may have.

What Defenses Are Available To Me?

As mentioned above, your immigration lawyer’s primary goal will be to craft a legal strategy for your deportation defense. There are several defenses which might be available to you depending on your circumstances. These include:

• Procedural irregularity: If ICE has failed to follow due process in your case, or has made an error in your paperwork, your lawyer may be able to bring a motion to suppress or motion to terminate proceedings.
• Hardship: One common defense strategy is to show that your deportation would cause great hardship to your family (in particular, your spouse and any dependents). For example, if you have young children who were born in the US, you could demonstrate that your deportation would be highly detrimental to them.
• Good character: If you have lived in the US for a number of years and can show that you are a person of upstanding moral character who makes a positive contribution to the community, you may be able to have your removal proceedings dismissed.
• Applying for asylum: If you are concerned that returning to your home country will place you at risk of harm or persecution on the grounds of race, religion, political opinion, ethnicity or sexuality, you may be able to apply for asylum.
• Applying for a criminal waiver: In some cases, you may be able to apply for a criminal waiver, which means that past criminal convictions will no longer be grounds for your deportation.

While these are the most common defense strategies, there are several other defenses that might be applicable to your particular circumstances. The sooner you consult with an attorney, the more opportunity they will have to carefully consider which defense strategy is most suitable for your case.

Finding The Right Immigration Lawyer For You

If you’re looking for a reliable Los Angeles immigration lawyer but don’t know where to start, then consulting a lawyer locator service should be your first port of call.At Real Deal Attorneys, we have developed an extensive database of experienced, first-rate lawyers who have been carefully vetted and screened by our team.

Over the years, we have helped hundreds of clients access affordable, high quality legal representation by pairing them with lawyers who have the skill and experience necessary to meet their particular legal needs. Give us a call at (424)-367-1271 to find out more about how our immigration lawyer locator service can help you.