Facing the possibility of being forced to leave the United States is one of the most stressful experiences anyone can go through. This situation can have a major impact on your future, family, and ability to live in the U.S. Fortunately, you don’t have to face this challenge alone. A deportation defense attorney is a legal expert who helps you understand the charges, build a solid defense, and represent you in court.
In this guide, we’ll explain step by step how an immigration defense lawyer can assist you and why having professional legal help is crucial in removal proceedings.
What is Deportation?
Deportation, or removal, is the process in which a foreign national is expelled from the U.S. for violating immigration laws. Common causes include:
- Overstaying a visa
- Committing certain criminal offenses
- Violating your immigration status
- Entering the country illegally
If the U.S. government starts a case against you, you’ll receive a Notice to Appear in immigration court. This officially begins the legal process.
What is a Deportation Defense Attorney?
A deportation defense attorney, also called a removal defense lawyer or immigration attorney, specializes in representing people facing forced removal from the U.S. They assist by:
- Helping you understand the charges against you
- Identifying ways to legally remain in the U.S.
- Representing you during court hearings
- Negotiating with immigration officials
These legal professionals understand the complexities of immigration law and can give you the best chance of staying in the country.
How Can a Deportation Defense Attorney Help?
1. Evaluate Your Case
The first step a defense lawyer takes is to review your case. They will analyze:
- Your immigration history
- Any criminal records
- The specifics of your charges
With this information, they’ll provide an assessment of your legal options and develop a plan to defend against removal.
2. Provide Clear Legal Advice
Understanding U.S. immigration law can be overwhelming. An experienced defense lawyer will explain the legal terms and procedures to you in a straightforward manner, ensuring you understand every step. This is essential because even a small mistake can harm your case.
3. Build a Strong Defense
Once your attorney has all the facts, they will start building a defense strategy. Depending on the reason for your deportation, your attorney might:
- Challenge the evidence against you
- Prove that the charges are false or inaccurate
- Argue that you qualify for an exemption or special status, such as asylum, Temporary Protected Status (TPS), or Deferred Action for Childhood Arrivals (DACA)
- File a Cancellation of Removal if you meet specific criteria, such as having lived in the U.S. for more than 10 years and showing good moral character
- Apply for other forms of relief, like adjustment of status to legal permanent residence (green card)
Your attorney may also explore ways to reopen your case if you missed a court hearing or new evidence has come to light.
4. Represent You in Court
Facing an immigration judge can be intimidating. Your immigration lawyer will represent you throughout the process, presenting evidence, questioning witnesses, and advocating on your behalf. Their courtroom experience will give you a better chance of achieving a positive outcome.
5. Ensure Paperwork is Filed Correctly
Immigration cases involve a lot of paperwork, and any errors can delay or negatively affect your case. Your attorney will ensure that all forms and documentation are completed accurately and submitted on time.
6. Seek Legal Relief from Removal
There are various ways to avoid removal, and your attorney can help you apply for legal relief, such as:
- Asylum: If you fear persecution due to race, religion, nationality, political beliefs, or social group membership, your attorney can assist with an asylum application.
- Adjustment of Status: Your attorney may help you apply for a green card to remain in the U.S. legally.
- Voluntary Departure: In some cases, leaving the U.S. voluntarily is a better option than forced removal. This allows you to return legally in the future.
7. Help with Appeals
If the judge rules against you, an immigration defense attorney can help you appeal the decision to the Board of Immigration Appeals (BIA) or higher courts. This could reverse the decision or buy you more time to adjust your status or find alternative solutions.
Why You Need a Deportation Defense Attorney
Immigration law is complicated and changes frequently. The stakes are high, and without proper legal guidance, you could lose your right to remain in the U.S. A deportation defense lawyer will ensure your rights are protected and give you the best chance of avoiding removal.
Hiring an experienced attorney is one of the most important steps you can take. If you’re searching for a deportation defense attorney near me, it’s essential to choose one with a strong track record in immigration law.
How Our Law Firm Can Help
At Santos Khoury LLC, we understand how overwhelming removal proceedings can be. Our team of skilled deportation defense attorneys will provide you with personalized legal representation, guiding you through every step of the process.
We specialize in:
- Building defense strategies
- Filing appeals
- Applying for relief from removal
- Assisting with voluntary departure options
If you’ve received a Notice to Appear or are facing removal, contact us today. We are here to help you secure your future in the U.S.
FAQs
- What does a deportation defense attorney do?
They represent clients facing removal, providing legal advice, defending them in court, and filing for relief or appeals. - What are the chances of winning a removal case?
Your chances depend on the strength of your case and defense strategy. An experienced attorney can greatly improve your chances. - Can I handle my immigration case without a lawyer?
You can, but it’s not advisable. Immigration law is complex, and having legal representation increases your chances of a successful outcome. - What forms of relief from removal are available?
Relief options include asylum, Cancellation of Removal, and adjustment of status to legal permanent residence. - How long does the removal process take?
The timeline can vary, often ranging from several months to years, especially if appeals are involved.
If you’re in need of a deportation defense attorney near me, contact us today to protect your rights and stay in the U.S.
