Deportation is a fear that immigrants and non-citizens living in America face every day. Removal proceedings are extremely stressful. Individuals in these proceedings face being taken away from everything they love, and the life they have built for themselves in the United States. Removal proceedings can happen quickly, or they can take an extended amount of time.
Individuals who are placed into removal proceedings often think the situation is hopeless and that they simply must wait until they are deported. This is not necessarily true, though. To deport a person, the government must provide clear and unequivocal evidence that they have the legal right to deport an individual. Even if the government is able to meet that burden of proof, there are still many defenses to deportation. A Cicero deportation defense lawyer can explain what those are.
Individuals who are threatened with deportation may be able to prove to the government that they do not rightfully belong in removal proceedings. When the government wants to deport a person, they will send a Notice to Appear to the individual in question. A deportation defense lawyer can then review the notice with the individual and determine whether it is appropriate to file a motion to dismiss the case.Â
Once removal proceedings begin, an immigration judge will inform the individual of the different types of removal relief for which they may be eligible. These options are as follows:
In the event that the immigration court does not decide in the individual’s favor, they can still appeal the decision. If the individual is still denied upon appeal, they can take their case to the U.S. Federal Court of Appeals.
Being placed in removal proceedings does not automatically mean that a person will be deported. One of the most common defenses to deportation is applying for a family-based visa if the individual has a spouse or child who has already obtained citizenship. If this visa is approved, the individual can then eventually apply for his or her own green card.
Certain individuals are also eligible to apply for asylum status, which also means that eventually they can also apply for lawful permanent residence. To obtain asylum status, individuals must fear persecution if they return to their home country.Â
Finally, individuals who have been the victim of a crime while they were in the country may also apply for non-immigrant status. This status can help victims of mental or physical abuse, and can also assist government officials with criminal investigations.
Facing deportation is the scariest thing any immigrant or non-immigrant can face. If you or a loved one has been placed in removal proceedings, or they suspect they are about to, our Cicero deportation defense lawyers at Kriezelman, Burton & Associates, LLC, can help. We know the defenses available and will review your case to determine which option is right for you. Call us today or contact us online to schedule a consultation and to learn more.
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