How a Deportation Defense Attorney Can Help

Law Offices of Leonelba Martinez discusses about what does a deportation defense attorney do and how they can help a person who is under a deportation process. Learn more.

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What Is a Deportation Defense Lawyer?

Deportation defense attorneys are lawyers who focus on helping immigrants facing removal from the United States. These lawyers are vast in their knowledge of immigration law and may be found in an immigration law firm.

People who may face deportation or would need to attend a deportation hearing include undocumented immigrants and foreign nationals who have criminal convictions or have violated the terms of their visa in any way.

Persons facing removal and deportation may have to appear before the U.S. Immigration Court. The Department of Homeland Security oversees the deportation process, aided by an experienced immigration lawyer. If you’re facing deportation, you might also need to hire an experienced immigration attorney to represent you properly.

Deportation attorneys help such people understand their legal options and rights per the U.S. Citizenship and Immigration Services regulation. If need be, the deportation attorney may also offer legal representation to their clients in court during deportation removal proceedings.

How Can a Deportation Defense Lawyer Help You?

If you or your loved one is facing deportation, it is essential to seek the help of a deportation defense lawyer.

A deportation defense lawyer can help you fight a deportation order and, where possible, ensure that you remain in the United States.

Specifically, they can attempt to cancel your deportation order, delay your deportation, or apply for a waiver.


Cancel Your Deportation Order

American law allows you to challenge your removal or deportation order and apply for its cancellation. You can either apply to the immigration court that made the order or to the immigration authorities at USCIS.

However, the procedure is complex and involves lots of documentation. The specific circumstances of your case would determine the appropriate deportation defense strategy to follow. For this reason, you should engage a skilled deportation defense attorney who is already familiar with the system.

Canceling a deportation order could be tricky and is based on the discretion of the immigration judge. Therefore, you need all the professional help and assistance you can get to swing things in your favor.

With their skill and experience, deportation attorneys can help with your application for cancellation. Your deportation lawyers will evaluate your case and determine the best course of action for you.

The strategy adopted by your lawyer often depends on your specific immigration status. The approach used for an undocumented immigrant may differ from that used for a person who has violated the terms of their visa or a foreign national who has attained green card status. The reason for this is because the law provides different rules for each category of persons as follows:

Green Card Holders If you have a green card, you might be able to get your deportation order canceled if you meet the following conditions:

  • You have been a legal permanent resident for at least five years.
  • You have lived in the United States for seven years.
  • There are no aggravated felonies to your name.
  • You have never been granted a waiver of deportation under section 212(c).

    Undocumented Immigrants

    If you are undocumented, you might be able to cancel your removal order if you are able to prove the following:

    • You have been physically present in the United States for at least ten years.
    • You have been of good character with clean criminal records.
    • Your family members would face hardship if you were deported, especially where some of them might be U.S. citizens.

    In such cases, your knowledgeable removal defense attorney would use the above as evidence to justify your non-removal and argue for a change of your status before the immigration judge.


    Delay Your Deportation

    If your application to cancel a deportation order has been refused or faced with any other unfavorable immigration decision, do not fear, as all hope has not been lost.

    Your deportation defense lawyer may be able to help you appeal to the Board of Immigration Appeals (BIA). Your attorney may also try to delay your deportation by filing an emergency stay request with the BIA if your deportation is imminent.


    Stop Your Deportation Under NACARA 203

    If you are facing deportation proceedings, your deportation defense lawyers or experienced immigration attorney can help you determine if you are eligible for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).

    Depending on your home country and certain other factors, they can potentially pursue your case under this Act and help you attain permanent resident status where applicable.


    Waiver Application

    If you have already been removed from the United States, your deportation attorney might be able to help you return legally by filing an I-212 waiver on your behalf. The waiver, if granted, allows you to reapply for permission to re-enter the U.S. lawfully.

    You may also begin the process yourself by completing this form, although it would be ideal to have the guidance of an immigration lawyer.

    How Can a Deportation Lawyer Help You Avoid Mistakes?

    For some immigrants facing deportation, the root cause or the main reason is any minor or slight mistake during the immigration process. These avoidable mistakes can smoothen the whole process if you work with a knowledgeable deportation defense attorney who is well-versed in immigration laws and deportation hearings.

    Some of the most common mistakes that you can avoid in immigration court proceedings include;

    • Filing of wrong forms for wrong visa types.
    • Forms containing inaccurate information with errors.
    • Failing in interview preparation when it is required.

    Such minor mistakes could put you in a tough position where you must handle legal arguments and many more.


    Deportation Defense Attorneys: Why You Need One?

    On the journey to becoming a lawful permanent resident of the United States and eventually a citizen, there are a lot of pitfalls, including multiple visits to law offices of immigration lawyers.

    A deportation defense lawyer can help you reach this goal and explore positive options even when you’re facing imminent removal from the United States. If this is your situation, you should contact one today.