Immigration courts seem to be handling more deportation cases every year. Much of the discussion involving these cases centers around judicial and financial burdens on America. However, individuals who are deported — and their families — are the ones who truly suffer. If you or a loved one are in danger of being sent back to your home country, it’s important to have a guide for fighting a deportation case.
The following strategies will increase your odds of avoiding adverse immigration actions. America has various options for deferment, legal residency, and other means of staying in the country. By understanding your options, you’ll be in a better position to fight a deportation case. Being removed from the country can have devastating impacts, so if you or a loved one are facing removal, the time to act is now.
Be Prepared to Leave
Most guides on fighting deportation focus on avoiding removal. This is certainly an important step, and it’s one that this guide will delve into. However, it’s important to acknowledge the potential for a negative outcome. The worst thing that can happen during a deportation is being removed with no preparation whatsoever. This can leave you in a much more difficult situation than necessary.
It’s crucial that you prepare an emergency plan in case detention or deportation occurs. This should involve notifying your employer, making arrangements for dependents, and creating a plan for your properties and finances. It’s also sometimes a good idea to consider voluntary departure. This could help you avoid many of the more serious consequences of deportation. It could also be a positive first step in gaining legal residency.
Speak With a Deportation Attorney
Many people seek out a guide to fighting deportation because they want to handle the process on their own. It’s almost impossible to overstate how unadvisable such an approach is. If you have the resources to work with an immigration attorney, that’s precisely what you should do. A legal professional can provide personalized advice and explain your rights in a way that no general guide could ever accomplish.
If you’re concerned about price, consider seeking a lawyer who offers Free Case Evaluation. In many instances, you may be surprised at how affordable fighting a deportation case can be. This is especially true if removal proceedings are related to government errors or if you fall into certain special categories. Put simply, having an immigration attorney can greatly increase your odds of avoiding deportation.
Understand the Situation and Gather Evidence
When a person is facing deportation proceedings, they’re not typically kept in the dark when it comes to their case. Immigration authorities will let them know what their potential removal is in relation to. This can be due to visa violations, criminal convictions, wrongful allegations, or a variety of other issues. Once you understand the reasoning behind these proceedings, you’re better prepared to fight deportation.
The process of avoiding removal can vary significantly depending on your unique circumstances. Supporting evidence for your case could include proof of family ties, employment, residency, and other factors that may support your right to remain in the country. Having an attorney handle this process is ideal since they can subpoena records, consult experts, request records (e.g., discovery), and even attempt to expunge criminal records.
Attend All Hearings and Remain Compliant
When a person is facing deportation, they’re in a very perilous position. Oftentimes, their continued presence in the country during proceedings is at the discretion of the courts. One of the fastest ways to fall out of their good graces is to not show up to scheduled hearings or not comply with conditions imposed by immigration authorities during your case.
While abiding by all conditions and following court procedures doesn’t guarantee a positive outcome, failing to do so can negatively affect your chances of avoiding deportation. Even if you feel that removal is imminent, you should speak with your attorney about possible alternatives. Non-compliance will typically only hurt your case.
Request Relief
If you’re working with an immigration lawyer, they can inform you of your relief options. Fortunately, there are typically a variety of approaches for avoiding deportation. For instance, many people have remained in the country by seeking cancellation of removal. There are also options related to specific situations. For instance, deferred action may be possible for those who are eligible for DACA protections.
There are also those who may be eligible to adjust their status. This process allows individuals to apply for a green card without having to first return to their home country. In other instances, it may be preferable to seek relief such as asylum or by seeking a visa based on crime victimization. These are far from the only options, but they show that immigrants have a wide array of tools available when fighting deportation.
Remember: The Final Word Isn’t Always Final
Some people are surprised to learn that most individuals facing deportation show up for all their immigration court hearings. This is because the courts offer a real opportunity to avoid adverse actions. And even when an undesired result occurs, such final decisions are not always final. That’s because there are various options for appealing court decisions — and there are even appeal options if an initial appeal fails.
For instance, administrative appeals are common. These often include asking supervisory authorities to review decisions, but immigration agencies are also frequently asked to consider new evidence. Additionally, cases can be taken to federal court or the Board of Immigration Appeals. You can also ask for additional review if humanitarian relief has been denied. In all these instances, having an immigration attorney on your side can prove invaluable.
At Gilliam Law, our legal team can be your guide in fighting a deportation case. Contact us today at (866) 511-3422 to schedule a Free Case Evaluation.
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866-511-3422