The fear of deportation is a stressful part of life for many immigrants. Whether an immigrant moves to the United States to work or be with their family, deportation uproots lives. Additionally, defending yourself from removal isn’t easy because immigration law constantly changes. Fortunately, an experienced deportation defense lawyer knows the current laws and how to apply them to a case, building the strongest defense possible for their clients.
Deportation, sometimes legally referred to as removal, is the process of removing a foreign national from the United States after violating the law. The Department of Homeland Security (DHS) might remove foreign nationals for several reasons. Common reasons for deportation include:
If Immigration and Customs Enforcement (ICE) has accused you of breaking an immigration law that makes you removable, you will receive a notice to appear (NTA). The NTA includes the reason(s) for placing you in removal proceedings. Once you go through the necessary hearings, you might be ordered to leave the United States and be expected to comply with the order. An experienced removal defense lawyer can help defend you during removal proceedings and potentially prevent deportation.
The deportation defense strategy your immigration removal lawyer applies to your case depends on why you’ve been placed in removal proceedings. Some common deportation defense strategies include:
Some immigrants face deportation because of simple mistakes they could have avoided during the immigration progress. Certain mistakes make life more challenging during removal proceedings. Mistakes you should avoid include:
Immigration laws in the United States are complex and ever-changing, making it difficult, if not impossible, for immigrants to navigate the system if they find themselves facing deportation. Hiring an immigration deportation lawyer offers several benefits, including:
The cost for a deportation defense attorney varies among cases. Several factors impact the price of hiring a lawyer. Experienced attorneys typically cost more but often have the knowledge and finesse to get better outcomes for their clients. However, the complexity of your case will impact the price the most. The more complicated your case, the more time your lawyer needs to build a defense for you.
In the most extreme cases, you might be permanently banned from returning to the United States. However, most immigrants who get deported must wait between five and 20 years before they return, depending on the circumstances of their deportation.
During your hearing, you will be in front of an immigration judge and an attorney representing the U.S. Department of Homeland Security (DHS). The judge will place you under oath, ask your name, and ask which language is most comfortable for you. If you do not have a lawyer, you will get some time to find one to represent you.
Next, the judge will ask you to enter pleas based on the charges listed on your notice to appear. This is your chance to confirm or deny the charges and whether you broke any U.S. immigration laws. After hearing your case, the judge will decide whether to remove you. However, you will have the chance to apply for relief from removal before that decision is entered. If the judge approves your relief from removal, you may remain in the United States.