South Bend Deportation Defense Attorney

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South Bend Deportation Defense Attorney

When immigrants and non-citizens of the United States fail to follow certain protocols, they are at risk for deportation. These proceedings are lengthy, upsetting, and incredibly stressful. When the government believes someone is eligible for deportation, they have the burden of proof to show that and they must present strong evidence to support their claim. If the government can meet their burden of proof, it may seem hopeless. However, that is not true. Individuals in this situation are still eligible to apply for many different forms of relief that will allow them to stay in the country.

The process for obtaining this relief, regardless of the form it may come in, is extensive and often too much for individuals to go through on their own. A South Bend deportation defense attorney can give people their best chance of staying in the country. 

Obtaining Relief from Removal in Immigration Court

When the government has deemed someone eligible for deportation, that person will receive a Notice to Appear. This will list the immigration court they must appear in, as well as all pertinent details including dates and times. It is crucial that anyone facing deportation attend this hearing. It is the only chance they may have to admit or deny the accusations. 

A South Bend deportation defense attorney will look over the Notice to Appear with you before you attend the hearing. An attorney may find reason to file a motion that will terminate the case, without you ever having to provide a solid defense. 

At the hearing, a judge should inform you of the type of relief for which you qualify. These may include:

  • Change of status
  • Canceling the deportation
  • Voluntarily leaving the country
  • Suspending the deportation notice
  • Asylum

Even if the judge still denies the case at this point, you may appeal to the Board of Immigration Appeals (BIA). If the Board still denies the appeal, you can then challenge the decision in the U.S. Federal Court of Appeals.

Defenses to Deportation

It is natural to think that if the government has started the deportation process, there is nothing you can do. That, however, is untrue. There are many defenses to deportation including:

  • You are married to a U.S. citizen or have a child over the age of 21 who is a U.S. citizen.
  • You are afraid to return home due to the threat of prosecution.
  • You have been the victim of a crime.

One of the best ways to remain in the country is to change your status under the Immigration and Nationality Act. This can help you change your status from non-immigrant to immigrant. Those who have legal permanent status also have many options available to them for defense. 

Call a South Bend Deportation Defense Attorney

While the above defenses are some of the most commonly used in deportation defenses, they are not the only ones available. If you are facing deportation, it is important you speak to the South Bend deportation lawyers at Kriezelman, Burton & Associates, LLC. We will assess your situation and help you prepare a defense so you can remain in the country and continue to enjoy the freedom America provides. Call us today or fill out our online form to learn how we can help with your case.