What is Deportation Defense?
Deportation defense is when a lawyer defends and advocates for someone who is facing deportation. These can include people who are in the country illegally, those who may be facing deportation for a criminal act, or those who have a visa that is expiring. In any scenario, a deportation defense attorney must make a case for their client to be able to stay in the country. As immigration laws in the U.S. become stricter, it becomes harder to advocate for people not to be deported, especially if they are here without the proper documentation. But, there are many times when the government does not understand an individual’s circumstances. These can include:
- Charging errors
- Political asylum or refugee status
- Threat to safety if returned to home country
- Green card eligibility based on length of time in the United States and potential hardship upon return
- Domestic or family abuse
When you hire a deportation defense attorney, you want to choose one who understands these issues and who can present the best case for you.
Do Immigration Lawyers Go to Court?
Yes, immigration lawyers do go to court. If their client is facing an immigration hearing, they will go to represent them before the judge. Immigration lawyers can also go to court to represent their clients if there are criminal charges.
Many times an immigration lawyer will act as a mediator between their client and the government.
Can a Lawyer Stop Deportation?
There are things a deportation defense attorney can do to stop their client from being deported. These options are often referred to as deportation relief and include:
Applying for Asylum
If you choose to apply for asylum, you are basically saying that you are a refugee from your native country and the United States is keeping you safe. In recent years the U.S. has been limiting the number of people to whom they grant asylum, but it is an option that should definitely be explored by your deportation defense attorney.
File for Cancellation of Removal
This is an option that will let you stay in the country while legal proceedings against you are being processed. This is one of the best options because it gives your deportation defense attorney time to sort through your case and explore the different ways that you can stay in the country.
There are certain criteria that need to be met for a cancellation of removal to be considered. For lawful permanent residents, they must:
- Have been a lawful permanent resident for 5 or more years
- Lived in the U.S. for at least 7 years
- Not been convicted of a felony
Temporary U.S. immigrants have a different set of criteria they must meet:
- Must have lived in the U.S. for 10 or more years
- Not been convicted of a deportable offense
- Can demonstrate that removal from the country would present an extreme hardship to the family
File for an Adjustment Status
This will grant an immigrant permanent resident status. This must be done before an immigration judge and the person filing for the status must meet requirements such as:
- Having an available visa number
- Petitioning family member or employer
Administrative or Judicial Relief
This is used after immigration hearings are over. This type of relief is similar to an appeal because it seeks to overturn the judge’s ruling. This must be filed within 30 days of the judge’s ruling to be considered.
How can you avoid deportation?
If you are facing deportation, one of the best things you can do is to hire a deportation defense attorney. With the changing policies, they will be up-to-date with current law and will know the best ways to defend you and let you stay in the country.
They can decide if one of the options explained above can benefit your case. Besides hiring a deportation defense attorney, there are several things you can do personally. These include:
Live in the U.S. for at least 10 years
Although you may have been here illegally, being established, without many visits out of the country can help your deportation case.
Avoid illegal activity
Having a clean criminal record will help you to stay in the U.S. as well.
Have a good reputation
Besides having a clean criminal record, you should also have a good reputation and moral standing. This means you should be truthful in all of your dealings when it comes to your immigration status and also not help others gain illegal entry into the country.
Prove family obligations
If you can prove that your deportation will be an extreme hardship on your family, it can help your case.
Do You Need a Deportation Defense Attorney?
If you are facing deportation and need a defense attorney, call the Overstreet Law Firm today at 817-809-6643. The Overstreet Law Firm has extensive experience when it comes to immigration law. We will explore your case and try every avenue possible to help you avoid deportation.