Tips for the Best Deportation Defense
The threat of deportation is a frightening reality for individuals living in the United States without proper documentation. Deportation can tear families apart, disrupt careers and leave individuals in a state of uncertainty about the future. However, there are options for those facing deportation. With the right strategy and approach, individuals can fight against deportation and remain in the United States. In this article, we’ll take a look at some tips for the best deportation defense.
Understanding the Causes of Deportation
Before delving into tips for the best deportation defense, it’s important to understand why deportation occurs. Deportation, also known as removal, can occur for a variety of reasons, including:
1. Being present in the United States without proper documentation
2. Violating the terms of a visa or other immigration status
3. Being convicted of certain crimes, including drug offenses and crimes of moral turpitude
4. Committing immigration fraud
5. Engaging in activities that pose a threat to national security
Knowing why deportation can occur can help individuals to better understand their own situation and begin developing a strategic defense.
Understanding the Legal Process
Once an individual receives a Notice to Appear (NTA), the legal process for deportation has begun. The NTA outlines the charges against the individual and provides a date for a hearing in immigration court. It’s important for individuals facing deportation to understand the legal process and their rights. This includes the right to legal counsel, the right to a fair hearing and the right to appeal a decision.
Hiring an Experienced Immigration Lawyer
One of the most important tips for the best deportation defense is to hire an experienced immigration lawyer. Immigration law is complex, and individuals facing deportation need a lawyer who understands the intricacies of the legal system. A good immigration lawyer can help individuals evaluate their options, develop a strategy and represent them in court.
Working with a lawyer who is well-versed in deportation defense can also help individuals to understand their rights and potential legal actions to take. Hiring an immigration lawyer can be expensive, but it’s worth it when it comes to fighting against deportation.
Gathering Evidence
In order to mount a successful deportation defense, it’s important to gather evidence that supports your case. This may include things like:
1. Records of your employment history and pay stubs
2. Documentation of community involvement, such as volunteer work
3. Evidence of family ties, such as marriage certificates or birth certificates of children
4. Letters of support from friends, family and community members
5. Evidence of good character, such as clean criminal records
6. Any other documentation that helps to show that you are a valuable member of the community.
Gathering evidence is an ongoing process, and it’s important to work with your immigration lawyer to identify and collect the information needed to support your defense.
Challenging the Charges
Another tip for the best deportation defense is to challenge the charges against you. If you have been charged with violating immigration law, it’s important to carefully evaluate the evidence against you and determine whether there are any weaknesses in the government’s case.
For example, if you have been charged with being present in the United States without proper documentation, you may challenge the charge by arguing that you qualify for asylum or other humanitarian relief. Your immigration lawyer can help you to identify potential weaknesses in the government’s case and develop a strategy for challenging the charges.
Exploring Alternative Options
While fighting against deportation is important, it’s also important to explore alternative options. For example, if you are eligible, you may be able to obtain a green card through family sponsorship or an employment-based visa. Your immigration lawyer can help you to explore all of the available options and determine which is the best course of action to take.
It’s also important to stay informed about changes to immigration policy. The current administration has made numerous changes to immigration policy, including the elimination of the Deferred Action for Childhood Arrivals (DACA) program. Staying informed about these changes can help individuals to develop a better deportation defense strategy.
Staying Compliant with Immigration Laws
Finally, it’s important to stay compliant with immigration laws in order to avoid future deportation. This means staying up-to-date with any changes in immigration policy and ensuring that you are in compliance with all regulations. Your immigration lawyer can help you to stay informed about changes to immigration policy and ensure that you are remaining compliant.
In conclusion, deportation is a serious threat to individuals living in the United States without proper documentation. However, with the right approach and strategic defense, individuals can fight against deportation and remain in the United States. By understanding the legal process, hiring an experienced immigration lawyer, gathering evidence, challenging the charges, exploring alternative options and staying compliant with immigration laws, individuals can mount the best deportation defense possible.
Once the deportation proceedings begin, a deportation defense must be raised to have a chance of appealing the case. If an immigrant has received a notice of deportation and wants to prepare a deportation defense, there are several steps that must be taken.
During this step in the deportation proceedings, the individual will be served with a Notice to Appear (NTA). Information on the notice will include the individuals name and country of origin as well as a deportation order to meet with an immigration judge. Other information on this notice may include the nature of offense that is causing the deportation and as well as a letter addressing the right for the individual to hire an attorney. If the individual chooses to hire an attorney, then his or her attorney would be in charge of handling both the deportation defense and the deportation proceedings.
Hiring a lawyer who specializes in deportation defense and knows the deportation proceedings would be the best course of action for an individual to take. The first step a deportation specialized lawyer will often take is to attempt to postpone the hearing. A lawyer will often try and cite specific reasons for the individual to stay. One of the more common defenses is to claim extraneous situations in their country of origin that will cause the individual physical harm or persecution if they were to be deported.
Another deportation defense is to get a citizen sponsor to testify to the immigrant’s good moral character and testify on their behalf. Most often, unless the charges that brought the deportation are lowered, fighting the actual order can be extremely difficult. All of the other fast-track means of immigration such as marriage are only for those that enter the country in a legal fashion.
If deportationor defense lawyer is able to receive a postponement for his or her client, it is called a stay of deportation or stay of removal. A stay refers to a temporary stopping of an action. This will briefly stop the deportation proceedings.
Since different government agencies are in charge of overseeing different immigration processes, each separate agency will handle a deportation lawyer’s request for a stay differently. Typically, immigrants will not be removed or deported during the time period given for an appeal to be filed.
There are many circumstances that bring upon deportation proceedings and as such, each case maintains its own criteria for a final decision to be rendered. The most important thing is to stay prepared and vigilant throughout the entire process.
