Deportation means forcibly removing a person from the United States. Anyone who is not a U.S. citizen could face deportation if they commit a criminal offense or fail to adhere to immigration guidelines.
Deportation is a civil proceeding, so a person facing removal has no right to free legal counsel, as they would in a criminal case. However, preserving and defending your rights requires the services of a knowledgeable immigration attorney. Investing in professional legal representation could make the critical difference in whether you can remain in the United States.
If you face deportation or have received a Notice to Appear, contact a Berwyn deportation defense lawyer. They could protect your rights and create a persuasive case to cancel the removal, allowing you to stay in the country.
A person risks removal if they enter the country illegally. Anyone who crosses the border with false documents or enters without approval from a Border Patrol agent could be deported if immigration authorities find them.
Conversely, people who enter the country legally could also face deportation if they overstay their visas. Someone who violates the terms of his or her visa also risks deportation.
Finally, being convicted of some crimes can lead to removal, according to 8 United States Code §1227. For example, being found guilty of drug crimes, aggravated felonies, gun offenses, and domestic violence can lead to deportation for a green card holder. Similarly, undocumented immigrants often face deportation if convicted of any crime. A knowledgeable attorney in Berwyn understands the relationship between crime and deportation and could help a foreign national protect his or her rights when facing removal.
Just because the Department of Homeland Security (DHS) presents valid or legally justifiable reasons why a person should be deported does not mean an immigration Judge will order removal. The law offers opportunities for a hardworking lawyer to convince the Judge that a person should not be removed. Factors that might influence the Judge’s decision differ depending on the immigrant’s situation and the facts of the case.
When Homeland Security wants to deport a green card holder based on a crime, a Judge could grant a waiver that prevents deportation if the foreign national can show removal would cause hardship to an immediate relative in the U.S. People who entered the country legally but do not have a green card are also eligible for cancellation of removal, in some circumstances.
People subject to deportation could seek asylum in the U.S. if they have been in the country for less than one year. To qualify for asylum, these an immigrant must prove that he or she faces persecution in their home country or fled persecution based on his or her nationality, race, religion, political affiliations, or membership in a social group. Being granted asylum allows an applicant to seek a green card in the future.
People who do not qualify for asylum might qualify for a protection known as withholding of removal. Applicants must show that they would likely face threats to their lives or freedom in their home country due to their race, religion, membership in a social group, nationality, or political opinion. A person granted withholding of removal cannot apply for a green card, but he or she can often obtain work authorization.
Someone who can demonstrate that he or she would likely face torture in his or her home country could also petition to avoid deportation. If an Immigration Judge agrees a person qualifies to stay in the U.S. under CAT, this individual may apply for work authorization. However, immigrants residing in the United States under CAT do not qualify for green cards.
Finally, an immigrant who faces deportation can often agree to leave the country voluntarily. This option allows foreign nationals to return to the U.S. before their ten-year waiting period is over. People who were convicted of aggravated felonies or crimes relating to terrorist activity are not eligible for voluntary departure.
A Berwyn lawyer understands the nuances of deportation cases and can help with determining the best defense strategy for the situation.
If you or your family member faces a removal action, do not assume there is no hope. A skilled attorney understands your situation and could help you devise a strategy for contesting the removal and remaining in the United States. Reaching out to legal representation is key in these situations, so do not hesitate to contact our firm. A Berwyn deportation defense lawyer is here to help.