If you or a loved one are facing removal from the United States due to immigration issues, the prospect may seem frightening. It could be both helpful and reassuring to learn as much as possible about defenses to removal and how to protect your rights.
A Wheaton deportation defense lawyer could work with you and help you take advantage of all available opportunities to fight removal and remain in the U.S. Dedicated immigration lawyers understand not only the most recent developments in law but how judges are interpreting those laws and how to use those interpretations to your advantage. En Español.
Fighting Removal – The Basics
Although most people still use the term deportation, the government now refers to the process as removal. Either way, proceedings consist of two stages. First, a judge determines whether the person is removable. This involves a review of the circumstances that provide grounds for removal to see if deportation is appropriate under the circumstances.
If a judge finds that the person is removable, then the next step is to ascertain whether that person should be granted relief from removal. Relief may be granted through numerous means such as asylum, adjustment of status, suspension of deportation, and waivers of deportability. A Wheaton deportation defense lawyer could work to show that an individual is not removable and also argue for the grant of relief on one or more grounds.
How is Relief from Removal Determined?
Judges consider numerous factors in determining whether an individual should be granted relief from removal, and the judge often has a certain amount of discretion in deciding whether or not to grant relief. Certain factors usually weigh in favor of relief, including:
- Having been in the U.S. for a substantial amount of time
- A history of working and paying taxes
- Connections with family in the area
- Lack of criminal violations (including violations of immigration laws)
- Involvement in the community such as volunteer work
Often, a judge balances positive factors against negative aspects in an individual’s history to see which carries more weight. A Wheaton deportation defense lawyer could help present evidence to highlight the positive factors in favor of granting relief from removal.
What Types of Deportation Relief May Be Available?
Depending on the circumstances, a Wheaton deportation defense lawyer may be able to seek different types of relief. Individuals who fear persecution if they return to their home country may be able to request asylum, withholding of removal, or protection through the Convention Against Torture. However, certain requirements apply, and it is necessary to present evidence to show that fears of persecution are well-founded.
In other instances, those with family connections may be able to apply for lawful permanent residency. If a person facing removal proceedings is the victim of a crime or domestic violence, he or she could be eligible for a U-visa or relief through the Violence Against Women Act. In situations where removal proceedings involve someone of good moral character who has been in the U.S. for some time, it may be possible to have removal “canceled.”
Contact a Wheaton Deportation Defense Attorney
Some people live in fear that they could face removal proceedings at any time while others assume that their lengthy time spent in the U.S. makes them ineligible for removal. Regardless of whether the prospect of deportation has been expected or comes as a surprise, it is wise to seek help from an experienced legal advocate who could start working toward a positive outcome for you or a loved on facing removal proceedings.
There are opportunities to stop or reverse removal, but to give yourself the best chance of success, you may need to take action right away. A Wheaton deportation defense lawyer could provide advice, guidance, and representation to help you reach your goals. For a confidential consultation to learn how an attorney could help in your case, call now.