A skilled and aggressive defense is required when fighting deportation. Any immigrant within the United States can receive a notice of deportation. It is a highly stressful situation for any immigrant that does not want to leave the United States and already has established a family and career. Generally, deportation is considered when an immigrant is suspected of violating immigration law or a criminal offense. The most common offense is falsifying documents that allowed the immigrant to enter the United States.
This situation can cause a variety of issues such as completely barring the immigrant from returning to the United States, even for a brief vacation. Separation from family on a permanent basis is often heartbreaking and depressing for the entire family.
Any immigrant in the United States can receive a notice of deportation or removal. Immigrants also referred to as Aliens, have the right to contest the deportation. The deportation is a long process that begins with the Notice to Appear being served to the alien by U.S. Immigration and Customs Enforcement. The notice to appear will provide details regarding the purpose and cause of deportation.
The immigrant is required to appear at the initial hearing whether they have hired an attorney or not. If the immigrant does not have an attorney present at the initial hearing, it gets scheduled for a later date. At the date of the second hearing, the immigrant must have hired an attorney.
Once the hearing begins the immigrant’s attorney will assist them with defending themselves and explaining their specific situation. The judge will consider all of the facts presented at the hearing by the attorney and will determine if the cause for deportation noted in the Notice to Appear is true or not. If the judge’s decision is to deport the immigrant a last effort to remain in the United States can be pursued by the immigrant.
If the immigrant has already received the judgment to be deported, they can apply for relief from deportation. This process involves a hearing in front of the judge. It gives the immigrant the opportunity to explain their situation further and call witnesses to testify on their behalf. An immigration attorney will assist the immigrant during this process. If you are in jeopardy of being deported from the United States contact an immigration attorney immediately to find out if you qualify for relief from deportation.