Deportation: Understanding the Process and How to Protect Your Rights
Deportation is a serious legal matter that can result in the removal of an individual from the United States. If you are facing deportation, it is crucial to understand the process and the steps you can take to defend yourself. Deportation typically occurs when an individual violates immigration laws, such as overstaying a visa or entering the U.S. unlawfully. However, even lawful permanent residents can face deportation under certain circumstances.
What is Deportation?
Deportation, also known as removal, refers to the formal process through which a foreign national is expelled from the U.S. and returned to their home country. The reasons for deportation can range from violations of immigration law to criminal activity. When deportation proceedings are initiated, an immigration judge will review the case and decide whether the individual should remain in the U.S. or be removed.
Common Grounds for Deportation
There are several reasons why an individual may face deportation. Common grounds for deportation include:
- Overstaying a Visa: If a foreign national stays in the U.S. after their visa expires, they may face deportation.
- Illegal Entry: Entering the U.S. without proper authorization or overstaying an illegal entry can lead to deportation.
- Criminal Convictions: Certain criminal convictions, such as drug offenses or violent crimes, may make an individual eligible for deportation.
- Violating Immigration Laws: Violations such as falsifying documents or providing false information to immigration authorities can lead to deportation.
- Failure to Maintain Legal Status: Failing to maintain the conditions of your visa or green card status can result in removal proceedings.
Deportation Proceedings
When the U.S. government believes an individual is subject to deportation, the following steps typically occur:
Step 1: Notice to Appear (NTA)
The process begins with a “Notice to Appear” (NTA), which is a document issued by the U.S. Department of Homeland Security (DHS). The NTA will outline the charges that the individual is facing and inform them that they must appear before an immigration judge.
Step 2: Immigration Court Hearing
After receiving the NTA, the individual will be scheduled for a hearing before an immigration judge. During this hearing, both the individual and the government will present their case. The judge will consider evidence, witness testimony, and arguments from both sides before making a decision.
Step 3: Defending Against Deportation
If you are facing deportation, it is essential to have legal representation to protect your rights. During deportation proceedings, there are several defenses that may be available, such as:
- Asylum: If you fear persecution in your home country, you may be eligible for asylum to prevent deportation.
- Cancellation of Removal: Certain individuals who have been in the U.S. for a long period of time and have strong ties to the country may qualify for cancellation of removal.
- Waivers: In some cases, you may be eligible for a waiver of removal based on certain factors, such as family hardship or a clean criminal record.
Step 4: The Judge’s Decision
After the hearing, the immigration judge will make a decision. If the judge rules in favor of the individual, they will be allowed to remain in the U.S. If the judge orders removal, the individual may be deported. In some cases, the individual may appeal the decision to the Board of Immigration Appeals (BIA) or seek other forms of relief.
How to Defend Against Deportation
If you are facing deportation, it is important to take immediate action to protect your rights. Here are some options for defending against deportation:
Seeking Legal Counsel
One of the most important steps is to consult with an experienced immigration attorney who can guide you through the deportation process. An attorney can assess your case, determine the best legal options, and help you prepare for your hearing.
Seeking Asylum
If you fear returning to your home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum. Asylum can prevent deportation and provide a path to lawful permanent residency.
Requesting Cancellation of Removal
In certain cases, individuals who have been in the U.S. for a long time may be eligible for “cancellation of removal.” This relief allows you to remain in the U.S. even if you are otherwise subject to deportation. The process for requesting cancellation of removal can be complex, so it is important to have an attorney by your side.
Waivers and Other Forms of Relief
There are several waivers and forms of relief that may apply to your case. For example, if you have a family member who is a U.S. citizen or lawful permanent resident, you may be eligible for a waiver that allows you to remain in the U.S. due to family hardship.
Appealing a Deportation Order
If the immigration judge orders deportation, you may have the option to appeal the decision. The appeal process involves submitting a petition to the Board of Immigration Appeals (BIA), which will review the case. In some cases, the BIA may reverse the deportation order or send the case back for further review.
Why Legal Representation is Crucial
Deportation is a complex legal process, and it is essential to have an experienced immigration attorney on your side. A skilled attorney can help you understand your legal options, represent you in court, and work to prevent your deportation. With the right legal representation, you may be able to avoid deportation and remain in the U.S. legally.
Contact David M. Bercovitch for Deportation Defense
If you are facing deportation, contact David M. Bercovitch today. Our team is dedicated to helping you navigate the deportation process and fight for your right to remain in the United States. Schedule a consultation to discuss your case and learn how we can help.