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Ask An Immigration Lawyer On Deportation Defense Strategy
Deportation is a daunting experience for many individuals who face it. When a non-citizen is ordered to leave the United States, they may feel lost, helpless, and unsure of what to do next. However, you should remember that legal defenses are available to prevent deportation from the United States. These defenses can be complex, and it is highly recommended to seek the guidance of an experienced immigration lawyer.
What Is Deportation Defense?
Deportation defense refers to the legal strategies and actions taken to prevent or delay an individual’s deportation from the United States. An experienced immigration lawyer can provide an analysis of a client’s case and determine the available defense strategies. In some cases, the defense may be based on legal grounds, while in others, it may be based on humanitarian or other factors.
Cancellation Of Removal
One of the most common defenses to prevent deportation is the “Cancellation of removal.” This defense is available to individuals who live in the United States for a specific period. They should demonstrate that their deportation would result in “exceptional and extremely unusual hardship.” This applies to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Cancellation of removal requires the individual to meet strict eligibility requirements and provide extensive evidence to prove their case. An experienced immigration lawyer can help navigate this complex process and ensure all requirements are met.
Asylum For Persecuted Individuals
Another common defense is “asylum.” It is available to individuals with a valid fear of persecution in their home country. This may be due to race, religion, nationality, political opinion, or membership in a particular social group. It can be complex, requiring the individual to provide evidence of their claim and attend multiple hearings. An experienced immigration lawyer can assist with preparing the asylum application and presenting the case to the court.
Other Options Preventing Deportation
Other defenses that may be available include adjustment of status, prosecutorial discretion, and deferred action. Each has its requirements and eligibility criteria. It is essential to have a knowledgeable and experienced immigration lawyer to assess the individual’s case. A lawyer can help determine the most effective defense strategy.
Why You Need Legal Representation
Attempting to handle a deportation case alone is not recommended. Immigration law is complex and ever-changing, requiring a detailed understanding of the legal system and processes. Also, deportation proceedings are generally adversarial. This means that the government is working against the individual.
The burden of proof is on the individual to demonstrate their eligibility for relief. Individuals may unknowingly waive rights or miss critical deadlines without legal representation. This can result in devastating consequences, such as separation from loved ones and the inability to work or study in the United States. They may also face persecution in their home country.
Summary
Facing deportation is daunting, but it is crucial to remember that legal defenses are available. Seeking the assistance of an experienced immigration lawyer ensures a suitable outcome. Lawyers can help navigate the complex process and present a strong defense on behalf of the individual. With proper legal representation, individuals facing deportation can increase their chances of remaining in the United States. This way, they can continue to pursue their dreams and aspirations.