Deportation and removal are some of the most frightening terms in the immigration process. If you are facing these legal proceedings, you don’t have to go through the process alone. You also have options to defend yourself from deportation, and you should start by seeking help from a deportation defense attorney near you. Here are some of the most common defenses to removal proceedings:
It is the government’s job to prove that you are eligible for removal from the United States. This means that you do not have to admit anything. The government must produce evidence and convince the judge that you can, indeed, be lawfully deported. The Department of Homeland Security might have filed removal charges against you for the wrong reasons. They might not have the paperwork necessary to prove their case. There are many reasons why the government’s case can fail. It is not your job to admit anything or prove their case for them.
In some cases, however, it might be better to agree to leave the country voluntarily before a removal order is entered against you. By leaving voluntarily, it can be easier for you to later enter the country lawfully. Every case is different. The right strategy for your case will depend upon your unique circumstances, so it is important to consult with your own immigration lawyer before negotiating with the government or appearing before an immigration judge.
The law has certain exceptions from removal proceedings. It is important to know which exceptions might apply to your case before you appear before an immigration judge. If, for example, you have a family member who is eligible to sponsor you for a green car, it can be possible to adjust your immigration status. An Adjustment of Status (AOS) is available to those who entered the country lawfully on a valid visa. It is important to start the AOS process as soon as possible. If you wait until you appear at immigration court – or worse, after a removal order has already been entered against you – it could be too late to correct the mistake. Contact an immigration lawyer about adjusting your status as soon as possible.
There are also humanitarian grounds for preventing a removal order. If, for example, you qualify for asylum, this can stop you from being deported. There is a high legal standard for asylum that must be supported with credible evidence. In the current political climate, asylum has been requested by far more immigrants and has become more difficult to prove. This is why it is important to consult with an immigration lawyer about your case to determine whether asylum is an option that is available to you.
The Chicago immigration lawyers at Minsky, McCormick & Hallagan have helped many clients prevent wrongful removals. Our experienced immigration attorneys help families defend deportation cases and exercise their legal rights in order to stay together. Contact us to schedule a consultation with an experienced immigration attorney as soon as possible. The sooner you have an experienced immigration lawyer fighting on your side, the better options you will have for addressing the removal proceedings that have been filed against you.