Foreign residents without legal status face the constant possibility of being deported from the United States. Removal is also an option for lawful permanent residents in some circumstances, like following a criminal conviction.
When you are facing these proceedings, a dedicated immigration attorney might be able to help. Favorable outcomes are possible in these cases, but they are not always easy to come by. Let an Elgin deportation defense lawyer help you enforce your rights in immigration court.
While there are different reasons why the federal government might deport someone, every case process is the same. First, the Department of Homeland Security serves a Notice to Appear on a person targeted for removal from this country. This document will explain the reason these proceedings have been initiated.
The notice will include all the necessary information, including the date, location, and time of the initial hearing. While some people will remain in the custody of law enforcement until the initial hearing, others will remain free during this time. If they fail to appear, an order for deportation is automatically entered.
If the immigrant mounts a defense, they can make their case at a final hearing. An attorney in Elgin may be present to serve as their advocate in a deportation defense case.
Many factors could lead to deportation proceedings, depending on the situation. In some cases, a person’s immigration status may be enough to bring about action from the federal government. It is not uncommon for a person to be stopped by police or arrested on an underlying charge, only for their immigration status to land them in ICE custody.
Lawful permanent residents are not at risk in those situations, but there are plenty of other factors that could cause them to face removal. The most common example is facing an arrest for a serious criminal charge. Not every offense will lead to someone’s removal from the U.S., but felonies and certain misdemeanors will qualify.
Violations of immigration law can also have a similar result. A person accused of overreliance on public assistance might be at risk, and the same is true for anyone who provides a false statement to federal authorities. A lawyer in Elgin could help defend against these allegations that could result in deportation.
There is no one-size-fits-all strategy for defending against deportation and removal. The right approach will depend on the facts, and every case is unique. Thankfully, experienced legal counsel could evaluate the circumstances and determine the right approach. Common defense strategies include the following:
A lot is at stake, so immigrants must give themselves the best chance for a favorable outcome. An Elgin attorney could review each option before deciding on the correct defense strategy against deportation.
The law surrounding immigration is complex, and that is particularly true in removal cases. Your rights can be impacted during these proceedings, making it vital that you rely on sound legal advice. Reach out to an Elgin deportation defense lawyer right away to get started.
