Ways To Prevent Deportation

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Learn effective deportation defense strategies with the Law Office of Tatiane M. Silva, P.A. Understand the U.S. deportation process, explore legal defenses, and secure representation. Contact us today!

Navigating the Path: Effective Strategies To Prevent Deportation

Being removed from the country is one of the major fears among foreign nationals living in the U.S., especially when there’s news that the “Immigration Authorities are to Step Up Deportations.” The removal process is designed to remove noncitizens who violate immigration laws or are otherwise unqualified to remain in the U.S.

If you are facing imminent deportation, you may be feeling anxious and uncertain about your future, especially since deportation could make subsequent entries into the U.S. difficult. Thankfully, there are several defenses and strategies under U.S. immigration law that could help you prevent deportation even if you’ve been placed in removal proceedings.

Our experienced deportation defense attorney at The Law Office of Tatiane M. Silva can review your case and help you identify a suitable strategy that suits your unique circumstances to help you legally remain in the U.S.

Please read on for a brief overview of the deportation process and possible ways to avoid being removed from the U.S.

How the Deportation Process Works

The deportation process begins when the person to be deported receives a Notice to Appear (NTA). This notice explains why the person is being charged for removal, and directs them to appear in immigration court on a specified date.

Sometimes, the immigration authorities may detain foreign nationals, and place them in removal proceedings while they are detained. In that case, unless they are issued a bond or parole, or are released by ICE, they would need to attend their hearings from detention.

The Importance of Attending Immigration Court Hearings cannot be overstated, since that is normally where you can present your defense to the immigration judge. If you fail to attend your hearings without cause, the immigration judge will likely issue a removal order against you. After the order is issued, U.S. Immigration and Customs Enforcement can execute the order and send you back to your home country.

This could also happen if you fail to defend yourself and obtain relief in court. Although there are ways to stop deportation after a removal order has been issued, that process is more challenging. Hence, it is important to act fast and fight your removal case before an order is issued.

How To Fight Deportation: Top Strategies Explained

Before a deportation order is issued, you will be allowed to defend yourself in front of an immigration judge and fight your removal case. You will also have the chance to appeal the judge’s decision with the Board of Immigration Appeals (BIA) or ask the court to reconsider (by filing a motion to reopen or reconsider) if a deportation order is issued against you.

However, your success in either case depends on your ability to establish certain deportation defenses or reliefs, including the following; 

Cancellation of Removal

Cancellation of removal is a deportation relief that, if granted, allows someone to acquire or maintain lawful permanent status. It is a discretionary relief available to non-permanent and permanent residents facing deportation. However, applicants must meet certain statutory conditions to be considered.

For example, a lawful permanent resident seeking cancellation of removal must have maintained permanent resident status for at least five years and not been convicted of an aggravated felony.

Non-permanent residents must show that they resided in the U.S. for at least 10 years before they were placed in removal proceedings, and must have good moral character. They would also need to show that their removal would cause extreme and unusual hardship to their U.S. citizen or legal permanent resident-qualifying family members.

Asylum

The U.S. asylum system allows foreign nationals who face or fear persecution in their home country because of their race, religion, political opinion, nationality, or membership in a particular social group, to take refuge and acquire legal status in the country.

If this is your case and you have been placed in removal proceedings, you can apply for asylum before the immigration judge if you meet the required conditions. If granted, you will obtain asylee status, which would allow you to apply to become a lawful permanent resident after a year.

Immigration Waivers

Under U.S. immigration law, there are certain grounds of inadmissibility and deportability, which prevent foreign nationals from applying for certain types of immigration relief or make them subject to deportation if they are already permanent residents.

Some of the grounds of inadmissibility and deportability include serious criminal convictions and immigration law violations. If you are facing deportation proceedings due to grounds of inadmissibility or deportability, you might be eligible to apply for an immigration waiver before the immigration judge. If granted, the waiver will excuse your ground of inadmissibility or deportability, meaning you would be forgiven, and eligible for relief.

There are several other reliefs/defenses that could help you prevent deportation in immigration court, each with its unique requirements. An experienced immigration attorney can help you understand which one you are qualified for and work to convince the court that you deserve the approval of the relief and the ability to remain in the U.S.

Is Voluntary Departure a Suitable Strategy?

Being deported can affect your ability to return to the U.S. in the future, so while voluntary departure might not be desirable, it could be appropriate as a last resort before a deportation order is issued against you, or if would like to depart the U.S.

By leaving the U.S. under voluntary departure, you can avoid tainting your immigration record with a removal order, which might make it easier to apply for a visa from your home country and subsequently return to the U.S.

The Importance of Quality Legal Representation

Preventing deportation requires extensive legal skills and knowledge. Successful deportation defense also requires you to prove that you are entitled to any of the deportation reliefs with solid evidence. You will also need someone to advocate for you throughout your case and work to convince the judge to decide in your favor. 

Without professional representation, you could be deported for cases where removal could be prevented and where deportation defenses would apply.

 That is why it is essential to have an immigration lawyer in your corner, protecting your rights and interests, and working tirelessly to help you achieve the best possible outcome.

Contact Our Deportation Defense Lawyer at The Law Office of Tatiane M. Silva, P.A.

Being placed in removal or deportation proceedings, although devastating, is not the end of the world. There are several avenues that, if properly explored, could set you free from the threat of removal and set you on the path to becoming a lawful permanent resident in the U.S.

The problem is that you may not fully recognize your options or rights without legal knowledge in such circumstances.  That is it is crucial to hire an experienced attorney from the get-go.

At The Law Office of Tatiane M. Silva, P.A., we are committed to helping people in your position develop appropriate defense strategies that could help you avoid deportation, depending on your unique circumstances.

Over the years, our experienced deportation defense attorney, Tatiane M. Silva has recorded several outstanding case results in removal cases. She was able to get those cases dismissed, reopened, or appealed successfully.

With a positive track record of favorable results, you can trust us to handle your case with integrity and work diligently to help you achieve a favorable outcome.

Contact us today to get started.

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