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Originally Posted On: https://www.pablomartinezlaw.com/9-things-to-know-if-you-re-facing-deportation
If you’re facing removal from the United States, you’ll need a solid deportation defense. Here’s what you need to know and how an immigration lawyer can help.
Around 300,000 people are deported from the United States every year. This happens for various reasons and is a very serious matter.
If you are facing deportation, not only can you be removed from the country, but you might not be able to come back.
In this article, we’ll tell you 9 things you need to know about deportation defense to prepare you for the worst.
Keep reading to learn more.
1. If You’re Facing Deportation, It Doesn’t Mean You Will Be Deported
First things first — if you or a loved one are facing deportation, you aren’t automatically going to be deported. The outcome of your case is not predetermined, which means there are several paths you can take to fight the case under U.S. federal law.
Although facing deportation can be a big risk to you and your family, it doesn’t mean there’s nothing you can do. Start researching your plan of action and get professional help to see what you can do next.
2. There are Alternatives to Involuntary Removal
If you do end up getting deported, it can have severe consequences on your ability to return to the country. If you do end up getting deported, there are some alternatives you can take as a last resort.
For example, you can do a voluntary departure rather than settle for an involuntary departure. This could give you the chance to avoid the 10-year inadmissibility period that you would otherwise get.
This depends on how long you’ve been illegally present in the U.S., but make sure to research all your options.
3. There are Ways to Remain in the U.S. When Being Deported in Some Cases
There are certain situations when someone facing deportation can avoid being removed from the country. Some examples include:
- Seeking asylum in the U.S.
- Securing an adjustment of status
- Securing post-conviction relief (if you’re being deported because of a crime)
- Challenging the government’s proof that you should be deported
If you can secure one of these, you can continue to stay in the U.S. and continue your journey to citizenship.
4. You Can File for Cancellation of Removal
Another option that those facing deportation can take is to file for cancellation of removal. This can be done by both lawful permanent residents and those who are in the country illegally.
You might be eligible for this as a permanent resident if:
- You have been a permanent legal resident for 5 or more years
- You have lived in the country for seven years after being admitted lawfully
- You have never been convicted of an aggravated felony
- You have never applied for cancellation of removal
You can eligible for this if you are not a lawful citizen if:
- You have not been convicted of anything that has to do with moral turpitude
- You have lived in the U.S. for over 10 years
- You have lived in the country with good moral character
- Your deportation would cause extreme hardship on an immediate family member who is a U.S. citizen
Reach out to an immigration lawyer if you think you can file for cancellation of removal.
5. You Have Legal Rights When Facing Deportation
You are not without rights even when being deported from the country. Some examples of this are:
- You have the right to remain silent
- You have the right to refuse a warrantless search
If you are ever in a situation where officers are trying to search your home or question you, make sure you realize that you have these rights and ask for your attorney.
6. Many Reasons Can Lead to Deportation
There’s a chance that you can get deported on many different grounds. Make sure you know exactly why you are facing deportation. This will affect the course of action that you need to take for your specific situation.
Do not assume that you know why you are being deported without checking. To stop a deportation, make sure you check before you make any decisions.
7. You Can Apply for an Immigration Waiver
Depending on the circumstances of your deportation, you may also be able to apply for an immigration waiver. People who qualify for this course of action are those that are being deported because of statutory violations.
This includes entering the U.S. unlawfully, giving false information on your visa application, or committing other specific crimes.
8. You Have Important Legal Obligations if You Are Facing Deportation
There are several important obligations you must remember to do. If you don’t, you could risk losing your fight and being deported. This includes:
- Attending all court hearings that are scheduled
- Reporting to your deportation officer
- And more
Every person’s deportation case is different, so make sure you do your due diligence to make sure you are meeting all of the requirements needed to fight your deportation case.
9. It’s Not Easy, but You Can Fight Your Deportation
Lastly, and possibly most importantly, don’t give up hope. Even if you are facing deportation, it is possible to fight it. U.S. immigration law is complex, but there are several examples of successful fights against it.
Make sure that you are prepared for the fight ahead by getting the best immigration attorney Miami has to offer.
Start Your Deportation Defense Today
These 9 things that you need to know about deportation defense are only the beginning. Now that you know them, it’s time to start the journey to fight to protect your immigration status.
Deportation can be a serious, damaging change in your life that not only hurts you but your loved one and dependents as well. If you live in Florida, you need to get the best professional help you can.
Experienced, honest, and dedicated lawyers are on standby ready to help you with your deportation case. Give Pablo G. Martinez Law Firm a call and reach out to us today!
