Strategies To Fight Deportation In The US

The threat of being sent back to your home country can be incredibly stressful and terrifying for both immigrants and their families. If you are an immigrant facing legal difficulties, you are aware that the process of deportation is a daunting and tiring ordeal for immigrants. The worry of being torn away from your family and the life you have established in the US is a constant presence.

This makes defending against deportation a crucial part of immigration law. This defense aims to help immigrants facing deportation from the United States. The core methods involve arguing before an immigration judge, highlighting the intricate details of deportation law.

Unfortunately, the expense of hiring an immigration lawyer—which can greatly influence the results of cases—is often too high for many immigrants. Therefore, this issue highlights the importance of having a well-thought-out approach to fighting deportation cases, which majorly impact individuals’ lives.

With the right legal strategies from an immigration lawyer, you can effectively fight against deportation. Having the right legal counsel can safeguard your rights and remove the risk of deportation for you and your family. This blog provides essential strategies that can be used to fight deportation in the US.

Overview of deportation proceedings in the US

For those living in the United States as immigrants, the fear of being sent back to their home country can cause worry and doubt for both them and their loved ones. Being deported means the US government forces you to leave the country.

This process is complicated, with many legal steps, possible defenses, and a wide range of legal protections available to anyone forced to leave. Legal battles to stay in the United States can be overwhelming for many foreigners, signaling the start of a legal journey that might lead to being sent back to their home country.

These legal battles occur in immigration court, part of the Department of Justice’s Executive Office for Immigration Review (EOIR). The journey usually begins with the Department of Homeland Security (DHS) sending out a Notice to Appear (NTA) explaining why the person might be at risk of being removed.

Following this, the person has to face an immigration judge, where they can defend themselves, seek relief, and present their case with evidence. The intricate nature of these legal battles highlights the need to grasp every stage, from the first hearing to the ultimate verdict, and how it could affect a person’s life in the United States.

Grounds for deportation in the US

To successfully go through the intricate world of protecting oneself from deportation, it is essential to grasp the reasons behind deportation.

• Violation of immigration rules: The first obvious reason is a violation of immigration rules. This includes going beyond the visa validity period, breaking the terms of a visa, or not upholding legal immigrant status.
• Crimes: A wide range of offenses can also lead to deportation actions. These crimes include drug trafficking, gun-related crimes, and deceitful activities.
• Fraud: Sharing misleading information, hiding the facts, or using fake documents throughout the immigration process can also result in deportation.
• Security risk concerns: If you pose a security risk, you can be deported. This occurs when you are associated with or linked to specific groups or activities considered harmful or against the nation’s interests.

What are your rights during deportation proceedings?

Amid the anxiety of the threat of deportation, people need to know their legal protections to guarantee a just procedure. A key right is the ability to consult with an immigration lawyer.

Even though the government doesn’t offer free legal services, people have the right to seek an immigration lawyer to help them understand the complexities of the legal system. Moreover, they are entitled to a just trial, which involves examining the evidence brought against them, presenting their evidence, and questioning witnesses.

Grasping these rights is the initial step for those dealing with the difficult terrain of deportation hearings, and utilizing them can greatly influence the results of their cases.

Ways to fight deportation

Defending against deportation is essential for protecting the rights of people from being taken away from the United States. These defenses involve complex legal tactics designed to fight or lessen the effects of being deported. Below is a detailed summary of these tactics:

1. Seeking asylum or refugee status.

Asylum and refugee status play vital roles in safeguarding people in danger of persecution in their nations. To receive asylum, one must prove a genuine fear of persecution. This persecution must be due to race, religion, country of origin, belonging to a specific social group, or political views.

Applying for asylum requires extensive paperwork and typically involves a thorough interview. Achieving asylum protects someone from being sent back and offers a way to legally stay in the country and work towards becoming a citizen. For those who fulfill the strict requirements, this status highlights America’s dedication to providing a refuge for the oppressed.

2. Removal cancellation and AOS.

This is a crucial legal remedy that can stop the expulsion of non-temporary residents who have demonstrated a lasting and significant presence in the United States, among other requirements. If granted, it alters the individual’s status to that of a lawful permanent resident.

This approach relies on factors such as moral integrity and the potential distress it could inflict on US citizens or permanent residents of the family. Those who meet the criteria symbolize acknowledgment for their contributions and ties to the community, offering them the chance to stay and enhance their lives in the country.

3. Waiver.

Multiple options exist to exempt specific reasons for deportation. For instance, the I-601 waiver can absolve false statements, criminal records, and illegal stays. The I-212 waiver permits entry back into the country after being deported or having an illegal stay.

4. The deferred action/prosecutorial discretion option.

Temporary relief from deportation is offered through deferred action and prosecutorial discretion. This enables people to stay in the US for a certain duration, even if they don’t have legal permission. Deferred action doesn’t grant legal status but offers short-term protection against being removed from the country.

In certain situations, it grants the ability to work. Conversely, prosecutorial discretion occurs when immigration officials emphasize a person’s case less. This is usually considered when considering aspects like connections to the community, how long they have lived here, and the absence of serious criminal offenses.

Although these are not permanent fixes, they can give individuals time to seek more secure legal statuses.

5. Contest the claim brought against you.

This is an essential part of battling deportation. This may include challenging the factual claims or the legal reasons for the deportation. People might claim that the government has wrongly interpreted the law. They may also state that the evidence does not back up the accusations.

To effectively challenge the accusations, one needs a thorough grasp of immigration law. You must also have the skill to collect and present convincing evidence and a tactical strategy for legal representation. This process highlights the confrontational aspect of deportation hearings and the need for a strong defense.

6. Suppression and termination.

Submitting requests to suppress or end proceedings can be crucial in a deportation case. A request to suppress aims to prevent evidence from being gathered illegally. This can be done because it violates a person’s constitutional rights, like illegal searches or seizures. If approved, it can greatly undermine the government’s argument.

Conversely, a request to end the case contends for the termination of the case. This may be due to mistakes in the process or legal issues. These requests demand a deep knowledge of both immigration and constitutional law. If successful, it can help maintain a person’s right to stay in the United States.

Building a strong case against deportation proceedings

When facing the possibility of being sent back to your home country, it is essential to collect strong evidence and get backing from people who know you well to build a solid defense. First, you will need to collect important papers like birth certificates and financial statements to prove who you are and show how you have become part of the community.

It is also helpful to have people close to you, like family or employers, ready to support you. Sometimes, getting advice from a professional might be necessary to explain parts of your home country or show how being deported could affect your family.

This information is key in building a strong case to stay in the country, possibly by applying for asylum or other legal protections. The goal is to go into court carefully, ensuring all the evidence is organized well and witnesses are ready to speak.

This attention to detail helps you make the strongest case for staying in the country. In fact, the better you can tell your story and explain your situation, the more likely you are to get a positive result.

Things to do after a deportation order

Once a deportation order is given, there is still hope. The Board of Immigration Appeals (BIA) offers a chance for people to contest the ruling of the immigration judge. To appeal, one must do so within a limited deadline. You must thoroughly explain why the judge’s decision was wrong. This is either legal or factual.

Additionally, individuals can file motions to reopen or reconsider a case. This allows them to introduce new evidence or claim that the court committed a legal mistake. These options after the order are crucial for those looking to reverse or change a removal order. It provides a final opportunity for fairness within the immigration system.

Get help!

Grasping the essential defense elements against deportation can enable you to navigate the intricate world of deportation hearings. This includes knowing legal tactics, your rights, and the importance of a proficient immigration lawyer.

Hiring the aid and skill of specialized immigration lawyers guarantees that your interests are safeguarded and increases your likelihood of achieving a favorable result. At Gehi and Associates, we take great pride in being zealous defenders of your right to lead a stable and safe life in the United States.

With our capable, compassionate, and relentless legal team supporting you, you can be assured that your case is being handled effectively and all possible legal routes are being explored. Connect with us today!