Need a Deportation and Removal Defense Lawyer? Here’s How to Find the Best One Fast!
Shawn Sedaghat, Esq.
Facing deportation and removal from the United States is no small matter. It can be an overwhelming experience, filled with stress and confusion, especially when your ability to remain in the country is at stake. But don’t worry, if you or a loved one are in this situation, there’s help available — and that help comes in the form of an experienced removal and deportation defense attorney.
This article will guide you through what you need to know about removal and deportation defense, how to find the best lawyer to represent you, and what to expect during removal procedures as dictated by the law. It’s written in a way that’s easy to understand, just like a trusted friend or TV show host would explain it to you, and it’s packed with everything you need to know to protect yourself or your family.
What Is Deportation and Removal Defense?
First things first: removal and deportation proceedings refer to the process by which the U.S. government tries to remove a non-citizen from the country. These terms are often used interchangeably, and while deportation is the older term, removal is now more commonly used in immigration law. Deportation proceedings happen when the government, or even the executive office itself, believes you’ve violated immigration laws or your status on immigration.
So, what is a removal and deportation defense? It refers to the legal strategies used by a defense attorney to help someone undergoing deportation stay in the U.S. It’s about fighting for your right to remain in the country by exploring legal options that could cancel or stop the deportation process.
Why You Need a Removal and Deportation Defense Lawyer
When you’re in removal procedures, having a knowledgeable immigration lawyer is crucial. The process can be highly complex, and one mistake could make the difference between staying in the U.S. and being forced to leave. Here’s why it’s essential to work with deportation lawyers:
- Understanding Immigration Law: Immigration laws are complicated, and they change frequently. A skilled immigration lawyer stays up-to-date with these changes and knows how to apply them to your case.
- Legal Representation in Court: Removal procedures are similar to a court trial. You’ll appear before an immigration judge, and you’ll need to argue your case. A defense attorney ensures you have a solid argument to present, whether it’s seeking cancellation of removal, applying for asylum, or any other form of relief.
- Challenging Deportation Orders: If the government has issued an order of deportation against you, an immigration lawyer can challenge it through appeals on immigration or by filing motions to reopen your case. Having a lawyer on your side increases your chances of success.
- Immigration Benefits: Sometimes, individuals in deportation proceedings may be eligible for certain immigration benefits according to the law, such as a waiver or an adjustment of status. A deportation lawyer can help identify these opportunities and assist in applying for them.
What to Expect During Removal Proceedings
If you or a loved one are under removal procedures or as you face deportation while trying to obtain a United States citizenship, it’s important to know what will happen during the legal procedure. Here’s a breakdown:
1. Notice to Appear (NTA)
The process begins with a Notice to Appear (NTA), which is a document you’ll receive from the Department of Homeland Security (DHS). This notice will outline the reasons why the government believes you should be removed from the country.
2. Master Calendar Hearing
The first hearing in deportation proceedings is called the Master Calendar Hearing. During this hearing, you’ll have the opportunity to admit or deny the charges against you. Your removal and deportation defense attorney will help you decide how to respond and what strategy to pursue.
3. Individual Hearing
If your case continues, the next step is the Individual Hearing. This is where the real battle happens. Your lawyer will present evidence, question witnesses, and argue on your behalf. It’s critical to have a well-prepared lawyer at this stage, as it could determine whether you stay or are ordered to leave.
4. Possible Outcomes
After your hearing, the immigration judge will either grant relief, such as cancellation of removal, or order you to be deported. If the judge’s decision is unfavorable, your lawyer can file an immigration appeal to the Board of Immigration Appeals (BIA).
Forms of Relief in Deportation Cases
There are several possible legal defenses and forms of relief that your lawyer might use to fight your removal and deportation case. Here are some common options:
1. Cancellation of Removal
This option is available for certain permanent residents and non-citizens who have lived in the U.S. for a long time. To qualify, you must demonstrate that deportation would cause extreme hardship to a family member who is a U.S. citizen or green card holder.
2. Asylum
If you’re afraid to return to your home country because of persecution or harm, you may qualify for asylum. Your lawyer will need to show that you meet the criteria for asylum and that returning to your country would put your life in danger.
3. Adjustment of Status
For some individuals, it’s possible to change your immigration status and become a permanent resident while in removal proceedings. This can happen if you’re eligible for an immigrant visa through family or employment.
4. Waivers
In certain cases, individuals can apply for a waiver to excuse past immigration violations or criminal offenses. A waiver could allow you to stay in the U.S. despite an order of deportation.
5. Voluntary Departure
In some cases, it’s better to request voluntary departure instead of being deported. This allows you to leave the country on your own terms, without receiving an order of deportation, which could make it harder to return to the U.S. in the future.
How to Find the Best Deportation and Removal Defense Lawyer
Finding the right lawyer is the key to a successful defense in immigration proceedings. Here’s how to find the best one fast for a smooth immigration review:
1. Look for Immigration Law Expertise
You want a lawyer who specializes in immigration law, especially someone who has handled removal and deportation defense cases before. Immigration cases are complex, and experience matters, if you want to obtain the immigration benefit of becoming a green card holder.
2. Check Their Track Record
Find out how many cases the lawyer has handled and their success rate with non citizens and defending immigrants throughout each removal proceeding. A good lawyer should have experience in fighting removal proceedings and winning cases.
3. Consult an Experienced Immigration Attorney
Before making your final choice, schedule a consultation with an experienced immigration attorney who has handled, and won, a considerable amount of hearings concerning immigration issues. During the consultation, ask questions about their approach to handling deportation cases, what strategies they might use for your situation, and how they can help you or your loved one stay in the U.S.
4. Consider Communication and Availability
It’s important to choose a lawyer who will be available to answer your questions and keep you updated throughout the legal process as you face deportation. Make sure the lawyer is responsive and easy to communicate with.
Conclusion
Facing deportation and removal can be daunting, but with the right legal help, you have a chance to fight it. Whether you’re dealing with criminal charges, visa issues, or other immigration law concerns, a deportation and removal defense attorney can guide you through every step of the way. By hiring a knowledgeable lawyer, you can increase your chances of staying in the U.S. and securing a positive outcome in your case.
Don’t wait until it’s too late! If you or a loved one are in removal proceedings, it’s essential to act quickly and consult with an experienced immigration attorney who can fight for your rights and help you stay in the country.
FAQs
1. What is the difference between deportation and removal?
Deportation and removal are essentially the same legal process of expelling a non-citizen from the United States due to violations of immigration law. The term “removal” is more commonly used today, but “deportation” still applies in many cases.
2. Can I appeal a deportation order?
Yes, you can file an appeal with the BIA if you believe the order of deportation was unfair or incorrect. Your lawyer can help guide you through the immigration appeals process.
3. What happens if I miss my immigration court hearing?
Missing a hearing can have serious consequences, including the issuance of a deportation order in your absence. If you miss a hearing, contact a lawyer immediately to see if anything can be done to reschedule or reopen your case.
4. What should I bring to a removal defense consultation?
When meeting with a lawyer, bring your Notice to Appear (NTA), any immigration status documents, and any evidence related to your case, such as proof of family ties, work history, or criminal activities. The more information you provide, the better your lawyer can assist you.
5. Can a deportation lawyer help if I have a criminal record?
Yes, a deportation lawyer can help even if you have a criminal record. Certain criminal offenses may affect your case, but a lawyer can explore options like waivers or cancellation of removal to help you stay in the U.S.