If your loved one or family member is facing deportation, it is important to hire a deportation lawyer immediately. The U.S. will not allow a deportee that is a good person, with a strong work ethic and spotless record to stay without good reason. You need to identify the legal grounds for slowing or stopping a deportation. The only way to do that is by hiring a qualified lawyer.
Types Of Defense A Qualified Deportation Lawyer May Apply
There are several ways to go about halting a deportation proceeding, and each is dependent on unique individual circumstances. Here are a few of the most common strategies an experienced deportation lawyer is likely to employ:
Present proof of false charges.
This is focused on the government dismissing the case due to false or inaccurate charges. Similarly, it can also involve proving the crime you are being accused of does not match the grounds for removal within the letter of current immigration law.
Cancellation of removal.
If your loved has been in the U.S. for several years, and does not have a criminal history, they may qualify for cancellation of removal and receive a green card. Your attorney must convince the judge you warrant a favorable decision, and you’ll likely need to provide a wide range of proof. This can include the length of time you’ve been here, your family ties within the U.S., undue hardship you and your family might endure if you are deported, your employment history, standing in the community and your general good character.
Adjustment of status.
If you could have previously filed for a green card, but didn’t, you may qualify for an adjustment of status. If you are eligible based on familial relations, marriage, employment, or other grounds, your lawyer can ask the judge to grant you permanent residence.
You require asylum.
Do you fear return to your home country? Are you likely to endure mistreatment, persecution, or even torture upon your return? Does your race, religion, nationality, political ties, or membership in a particular social group cause you discrimination, hardship, and mistreatment? Then you could qualify for withholding of removal. However, the rules regarding asylum are quite complicated, and frequently subject to a strict timeline. Your attorney can guide you through the process.
If Your Deportation Defense Fails
Even if a deportation lawyer cannot ensure your loved one is able to stay, the government may allow them to leave on their own terms. Usually, a voluntary departure gives them up to 120 days to put their affairs in order. And, then they can depart the country at their own expense. Qualification for voluntary departure depends on the particulars of the case. But it may be a good option when all else fails.
Contact the Lee & Peynado Immigration Law Group now for more information about how a deportation lawyer can help you and your family.