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Deportation is the formal removal process for aliens (non-US citizens) who have been determined to be in US illegally. Whether or not you are able to successfully fight the reasons why your presence in the US is deemed illegal, there are many potential deportation defenses.
Defense against deportation is complicated and requires the help of an experienced immigration lawyer. For the help of America’s most recognized law firm in your deportation defense, please call 1-800-411-4LAW or email Jacoby & Meyers today for a consultation at one of our offices throughout the U.S.
Fighting Deportation at Your Removal Hearing
The Notice to Appear you received summoning you to Removal Proceedings contained the specific reasons why the government is seeking to remove you.
You will be given a hearing in front of an immigration judge where you can fight these reasons. If you are not successful, you can appeal the decision to the Board of Immigration Appeals.
If your appeal is unsuccessful, there are still options for remaining in the US.
You can file an application for asylum to prevent deportation from the US. This can be done at any point during the removal proceedings, although you will have to show extraordinary circumstances if the date of application is more than one year after your last entry to the US.
Sometimes you may be able to obtain waivers of deportation if it can be shown that your removal would result in extreme hardship to others who are lawful permanent residents or US citizens. This includes your spouse, children, or parents. There are also specific waivers associated with many of the grounds for deportation. Talking to a lawyer will help you understand which may be available in your case.
US Citizenship and Immigration Services officials will weigh the potential hardship to you and your family against the potential harm you may represent to the US. A lawyer can help you express your case in the most favorable light.
Cancellation of Deportation
There are also options for cancelling deportation. This is an option both for Green Card holders and for temporary residents. This is a very limited option, and depends on long-term residence and a good moral character.
Recent changes to the law mean that deportation comes with an automatic bar on your return to the US, sometimes for up to 10 years. If you are unable to fight deportation, you may be able to apply for voluntary departure, which will allow you to leave the US without a long-term ban on returning.
If you are facing deportation, you need the help of an experienced immigration lawyer to help you achieve the best possible outcome for yourself and your family. Please contact Jacoby & Meyers today to talk to a member of our nationwide network of experienced immigration lawyers.