Deportation refers to when the U.S. government removes a person from this country and brings them to another country, usually his or her country of origin. It is an extreme measure that can severely impact a family. There are many situations that could lead to deportation, so it is important to understand what potential roadblocks or pitfalls to avoid.
If you or a loved one faces deportation, assistance from a qualified and experienced immigration attorney could be critical. A Cicero deportation defense lawyer has the knowledge and skills to present the strongest possible case against removal.
When the Department of Homeland Security (DHS) decides to deport someone, they serve a Notice to Appear on the person who is the subject of the deportation. The notice will describe why DHS believes removal from the country is warranted.
The notice will provide the date, time, and location of the initial hearing. Missing this hearing leads to a deportation order automatically, so attending it is critical. Securing the services of a Cicero attorney before the hearing can be key to protecting one’s rights during the deportation process.
At the first hearing, the Immigration Judge will schedule another hearing to decide whether the DHS has a case for deportation. At that hearing, the Judge will also consider any legal justification for allowing the individual to stay.
Anyone who is not a citizen is potentially at risk of deportation. Even legal permanent residents—Green Card holders—could face deportation in certain circumstances.
Many deportation proceedings begin when a non-citizen is convicted of a crime. Even offenses that do not usually involve jail time could result in a person’s removal from the country. For example, a single conviction for driving while intoxicated or possessing a small quantity of illegal drugs could lead to deportation. Similarly, being found guilty of domestic violence could lead to removal from the U.S.
However, immigrants can face deportation in situations that do not involve criminal activity. For example, entering the country illegally, overstaying a visa, or failing to keep USCIS informed of the relevant contact information could lead DHS to initiate removal proceedings. Regardless of the circumstances, a Cicero attorney could review the DHS case and determine the most effective defense against deportation.
A Notice to Appear at a deportation proceeding does not mean removal is inevitable. It is often possible to avoid deportation and achieve a result that allows someone to remain in the U.S. indefinitely.
Sometimes, DHS’ basis for deportation is based on incorrect or outdated evidence. For instance, if the criminal conviction that triggered deportation happened years ago and the foreign national can prove he or she is rehabilitated and deserves to remain in the U.S, he or she might be able to avoid removal.
In other situations, arguing that family members would suffer hardship due to an unnecessary removal can be a viable defense strategy. A Cicero attorney could help with proving this fact and fighting back against deportation proceedings from the start.
Finally, if the immigrant DHS intends to deport faces danger in his or her home country due to his or her ethnicity, nationality, religion, political opinions, or membership in a certain group, he or she can fight back against deportation through a few different routes. According to 8 United States Code §1158(a)(2)(B), the individual could seek asylum if he or she has been in the U.S. for a year or less. If asylum is not an option, protection under the Convention Against Torture (CAT) could be possible. Withholding of removal is also an option, in some cases.
Do not despair if you receive a notice that you of deportation proceedings. With skilled legal representation on your side, you can work to fight against the order and protect your future prospects.
U.S. immigration laws are complex, and working without legal representation can complicate your chances of remaining in the country. Contact a Cicero deportation defense lawyer as soon as you receive a Notice to Appear.
