What Deportation Defense Means
Deportation defense, also called removal defense, is the process of protecting non-citizens who face removal from the United States. A person may face deportation for a variety of reasons, including overstaying a visa, criminal convictions, or violations of immigration law.
A skilled attorney can help you understand your rights, explore defenses, and guide you through the legal process.
Who May Need Deportation Defense
You may need deportation defense if:
- You received a Notice to Appear (NTA) from immigration authorities.
- You have been placed in removal proceedings.
- You face potential deportation due to criminal charges or immigration violations.
- You are seeking to stay in the U.S. while your immigration status is in question.
Each case is unique. The specific facts of your situation determine the best strategy.
How the Deportation Process Works
- Notice to Appear (NTA). USCIS or ICE issues a notice that begins removal proceedings.
- Master Calendar Hearing. You attend a hearing to respond to the charges and request relief.
- Filing Applications for Relief. Depending on eligibility, you may apply for asylum, cancellation of removal, adjustment of status, or other relief.
- Individual Hearing. A more detailed hearing occurs if your case continues, where evidence and testimony are presented.
- Decision. The immigration judge or Board of Immigration Appeals makes a ruling.
Common Defenses
Some common defenses in deportation cases include:
- Asylum or protection under the Convention Against Torture.
- Cancellation of removal for long-term residents.
- Adjustment of status eligibility.
- Relief based on family ties or U.S. citizen children.
- Waivers for certain violations of immigration law.
How I Help
As your attorney, I provide comprehensive support throughout the deportation process, including:
- Evaluating your case and potential defenses.
- Preparing applications for relief and supporting evidence.
- Advising on strategies during removal proceedings.
- Representing you at hearings before immigration judges.
- Responding to motions or Requests for Evidence (RFEs).
- Communicating with immigration authorities on your behalf.
- Explaining your rights and options at every step.
- Appealing decisions when appropriate.
Frequently Asked Questions
What should I do if I receive a Notice to Appear?
Do not ignore it. Contact an attorney immediately. Missing a hearing can result in automatic removal.
Can I stay in the U.S. while my case is pending?
In many cases, yes. Relief applications and attorney guidance can prevent removal while your case is active.
Do I need a lawyer?
While you can represent yourself, a deportation defense attorney helps navigate complex rules, file applications correctly, and present your case effectively.
What if my case is denied?
You may have options to appeal or request reconsideration, but timing and procedure are strict. Immediate consultation with an attorney is critical.
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