When you’re worried about the possibility of deportation, it is important to understand your legal rights and your options to prevent or stop removal proceedings. At N400 Harbor Immigration Law, we work to help immigrants remain in the U.S. legally, regardless of the circumstances. Our experienced team knows how to take advantage of the opportunities available at each stage of the deportation process.
Understanding the Deportation Process
What we commonly refer to as deportation is officially known by immigration officials as removal. Individuals often face removal or deportation because of allegations of violations of immigration law. This frequently involves entering the country without authorization or remaining in the country after a visa has expired. Even an individual who has lived and worked in the U.S> with a Green Card for years can potentially be subject to deportation.
But immigration law provides several options to seek relief from deportation and get proceedings stopped or discontinued. The sooner you begin working with a deportation defense attorney, the more options you will have for fighting removal proceedings.
Expedited Removal
When someone faces expedited removal, officials usually try to process the case and remove an individual from the U.S. as quickly as possible. That makes it vitally important to address defense right away. Unlike other deportation cases, individuals subject to expedited removal usually do not have the opportunity to defend themselves in a hearing before an immigration judge.
While it is not technically possible to appeal an order of expedited removal, we may be able to put in a direct request for review with U.S. Customs and Border Protection. At the very least, It may be possible to negotiate a voluntary departure to prevent having a damaging removal on your record.
You May Be Eligible for a Green Card
Believe it or not, one of the options for some individuals facing deportation is to apply to have removal canceled and status changed to lawful permanent resident with a Green Card. Though it may take some time, you could qualify for removal relief and eventually receive a Green Card if one of the following situations applies:
- You have lived in the U.S. continually for ten years or more and your removal would cause hardship to your family
- You are facing persecution in your home country due to your race, ethnicity, religion, nationality, political views, or membership in a particular social group
- You have been abused by a spouse or other close family member who is a citizen or lawful permanent resident
- You have been the victim of certain types of crime and are able to help law enforcement officials
We explore all the options available based on your personal experience, family situation, and employment options.
Defense Strategies May Depend on the Reason for Deportation
With deportation defense, we can often take a two-stage approach. We start by arguing that the government lacks appropriate grounds to initiate removal. For instance, if officials allege that you committed fraud, we work to show that the allegedly fraudulent situation, document, or relationship is quite legitimate. Or if deportation is based on allegations of criminal activity, we can assert that allegations are false and that they do not constitute a deportable offense.
In addition to fighting the reasons for deportation, we can show why you are eligible for one or more forms of relief.
Deportation Hearings
It is vitally important to attend scheduled hearings starting with the master calendar hearing.If you have a legitimate reason for missing a hearing, we need to explain the absence to the court as soon as possible. The goal is to demonstrate that you are trustworthy and honest. Depending on the legal strategies, there may be more than master calendar hearing. In fact, this phase of a deportation case can potentially last for years.
If we are unable to resolve your status satisfactorily during this phase, we will present your best arguments and evidence to the judge in a full hearing on the merits of your case.
Get the Help You Need to Prevent Deportation
At N400 Harbor Immigration Law, we know how difficult the immigration process can be and how frightening it is to face the prospect of removal. We fight effectively to cancel or freeze deportation proceedings and work to find the best options to remain in the U.S. legally. Our team always keeps the big picture in mind and works to find the best way to accomplish your short term and long term goals.
Don’t face deportation without guidance and representation from an experienced deportation defense attorney. Put our dedicated team to work for you now.