Removal Defense: Steps to Fight Deportation and Protect Your Future
Facing deportation can be one of the most challenging and stressful experiences in a person’s life. Removal proceedings can threaten not only your ability to stay in the United States but also your family, career, and future opportunities. However, with the right removal defense strategy, you can fight deportation and potentially secure a positive outcome.
In this blog, we’ll outline the steps involved in removal defense and how to protect your future in the U.S.
What Is Removal Defense?
Removal defense is the legal process of challenging the government’s attempt to deport you. Whether you entered the U.S. without proper documentation, overstayed a visa, or committed certain criminal offenses, you have the right to present your case in immigration court.
Steps to Fight Deportation
- Understand Why You Are in Removal Proceedings
- The Department of Homeland Security (DHS) initiates removal proceedings with a Notice to Appear (NTA), outlining the reasons for your deportation.
- Carefully review the NTA with an experienced immigration attorney to identify errors or potential defenses.
- Attend All Immigration Court Hearings
- Failing to attend court hearings can result in an automatic deportation order.
- At the Master Calendar Hearing, you’ll present your initial defense and indicate if you’ll seek relief from deportation.
- Determine Eligibility for Relief
Common forms of relief include:
- Asylum or Withholding of Removal: If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group.
- Cancellation of Removal: Available for certain lawful permanent residents and non-permanent residents who meet strict requirements, such as demonstrating good moral character and extreme hardship to qualifying family members.
- Adjustment of Status: If you are eligible to apply for a green card.
- Voluntary Departure: Requesting to leave the U.S. on your own terms, avoiding a formal deportation record.
- Gather Strong Evidence
- Present documents, witness statements, and expert testimony to support your case.
- Evidence may include proof of family ties, community involvement, or the potential harm you may face in your home country.
- Prepare for Your Individual Hearing
- The Individual Hearing is where you present your full case to the immigration judge.
- Work closely with your attorney to prepare compelling arguments and anticipate government objections.
- Appeal If Necessary
- If the judge denies your case, you may appeal to the Board of Immigration Appeals (BIA) within 30 days.
- Further appeals can be made to federal courts if the BIA decision is unfavorable.
How to Protect Your Future During Removal Proceedings
- Hire an Experienced Immigration Attorney: Removal defense is complex, and having skilled legal representation can significantly impact your case’s outcome.
- Avoid Criminal Charges: Any criminal activity during removal proceedings can hurt your case.
- Maintain Accurate Records: Keep all legal documents organized and provide updated information to the court.
What Happens If You Win Your Case?
If your removal case is terminated or relief is granted, you may:
- Remain in the U.S. without fear of deportation.
- Obtain or maintain your lawful status, such as a green card or work permit.
- Reunite with family members and build a secure future in the U.S.
Why Choose American Dream Law Office?
At American Dream Law Office, we understand the high stakes involved in removal defense. With years of experience and a deep commitment to our clients, we work tirelessly to protect your rights and fight for the best possible outcome in your case.
Contact us today to schedule a consultation and start building your removal defense strategy.