Immigrants and non-citizens in the United States face the risk of removal or deportation if they fail to follow American law and immigration policies. For immigrants facing deportation from the U.S., removal defense typically involves appearing before an immigration judge in immigration court. Many immigrants facing deportation/removal receive a notice to appear for an immigration hearing, while undocumented immigrants may be held in a detention center while their deportation case is reviewed. The government must establish that you are a candidate for removal from the U.S. by clear and unequivocal evidence. A strong deportation defense is critical to protect your rights and to identify opportunities for you to legally stay in the United States.
It’s important to consult an immigration lawyer as soon as possible about your deportation. If you are detained by ICE an immigration attorney can determine if you are eligible for an immigration bond. Your immigration attorney can represent you throughout the deportation process or removal proceedings.
Someone who is faced with removal proceedings may have several deportation defense options for their deportation defense lawyer to fight their deportation case. Non-citizens who will be deported may be able to show that the U.S. government was wrong to place them into removal proceedings. In immigration court, the presiding judge may ask the non-citizen to address the Notice to Appear by admitting or denying factual accusations and conceding or contesting any charges of removability.
Married To or Parent of U.S. Citizen
If you are facing deportation and are married to a U.S. citizen or have a U.S. citizen child over the age of 21, you may benefit from a family-based visa petition. If approved, U.S. Citizenship and Immigration Services (USCIS) could grant an Adjustment of Status to Lawful Permanent Resident, or a green card.
If you are afraid to return to your home country because of persecution, you may apply for asylum which could lead to permanent residence. Lastly, if a person has been the victim of a crime in the U.S., they could apply for nonimmigrant status, which is designed for victims who suffered physical or mental abuse and also assists government officials and law enforcement in investigating and apprehending criminals.
If you are facing deportation and have been charged or convicted of a crime, your deportation defense presents additional challenges. An attorney that practices both immigration law and criminal law can assess your situation and provide legal guidance on the best strategy for your case.
A skilled deportation defense lawyer can help you resolve the threat of deportation and find ways to legally remain in the United States. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. To get started on your defense, call 855-554-6369 to schedule a consultation with one of the experienced immigration attorneys today. En Español.