Immigration law is notoriously strict. The United States Citizenship and Immigration Services (USCIS) does not offer leeway to any noncitizen or nonresident that is found to be in violation of any of the multitude of rules and regulations. Perhaps the worst penalty an immigrant can face is deportation, or any form of forced removal from the country.
Despite the severity and pressing nature of deportation, it is rarely guaranteed. Instead, retaining an immigration lawyer as soon as you hear that your loved one is going to be deported can work wonders for their defense. With a complete understanding of immigration law and the ability to persuasively argue why deportation is the wrong decision, your attorney could keep your loved one in the States.
But how can they go about this task? There are typically four ways to create a successful deportation defense strategy:
- False charges: Deportation is often triggered by an illegal event or conviction. Proving that the charges are false can be a fast way to stop deportation. In other circumstances, contested the charges themselves might not be the solution but challenging whether or not the charges warrant deportation might be.
- Cancellation: A judge will ultimately have to make the decision to deport your loved one or not. Without any defense, the case will default to removal from the country. However, an experienced deportation defense attorney may be able to cite a history of nonviolence, community involvement, employment advancement, and general strength of character to convince the judge that deportation is not the solution to be used.
- Adjustment: Sometimes a person is only eligible for deportation because they forgot to update their status after a major life event, such as marriage. Filing for an adjustment of status before the deportation case concludes may have the case dismissed outright.
- Asylum: An immigrant often leaves their own country due to danger or undue hardship experienced while living there. From torture to persecution to discrimination, there are many reasons why your loved one may require asylum in America. Let your lawyer know about the hazards face in another country to create a stronger deportation defense case.