Immigration Lawyer Raleigh NC

Defense and Removal Proceeding of Deportation

When a foreign national is caught in the United States illegally or without immigration status, that person can be deported through a removal proceeding. In the event that you have gotten a Notice to Appear and have a removal case in immigration court, you ought to hold a Deportation Defense Lawyer that can safeguard you and help you stay in the United States.

Deportation Hearing in Immigration Court

Removing proceedings are regulatory court proceedings started in the Immigration Court against a person in the United States. They are started by the Department of Homeland Security (DHS) by the documenting of a Notice to Appear (“NTA”), which by and large expresses that you are removable from the United States due to infringement of migration or criminal laws.

All together for removing proceedings to be started against an individual, DHS should appropriately serve you with a Notice to Appear (NTA). The NTA records the verifiable claims, charges of removability, and the date and time planned for your underlying appearance under the watchful eye of the Immigration Judge in Immigration Court.

It is at this underlying appearance that you, if addressed by a deportation lawyer, either surrender to removability as charged or, on the other hand, challenge the removability. On the occasion you surrender to removability as charged, you have then managed the cost of a chance to submit to the Immigration Judge defense(s) to their evacuation.

Remember your Rights

Unlike criminal cases, deportation is classified as a civil sanction, access to counsel in deportation proceedings is not an afforded protection. Thus, many immigrants, especially those in ICE detention, have limited ability and face many obstacles in securing adequate legal representation in their removal or deportation proceedings. However, if you or a family member are being detained or facing deportation, you have a right to hire an immigration defense attorney to represent you or your family member in the removal and deportation proceedings.

In fact, deportation defense lawyers play an important role for individuals facing the threat of deportation. A knowledgeable and good deportation defense lawyer will definitely increase your chance of a fair hearing and present a meritorious defense(s) to your removal.

How can you stop Deportation?

Cancellation of Removal

The process of canceling the removability of a foreign national is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:

  • Has been continuously present for at least 10 years;
  • Has been a person of good moral character during that time;
  • Has not been convicted of an offense that would make him or her removable; and
  • Demonstrates that removal would result in exceptional and extremely unusual hardship to your immediate family members (limited to your spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.

Voluntary Departure

The Department of Homeland Security or an Immigration Judge may concede voluntary departure to an individual who consents to leave the U.S. at their own cost in lieu of being dependent upon procedures. The advantage of Voluntary departure is the unfamiliar public evades the 10-year restriction on the reemergence and getting benefits by consenting to leave the United States intentionally, hence conveying no obstacle to lawfully getting back to the United States.

Conditions might be appended to the giving of Voluntary Departure including the posting of a bond, proceeded with confinement forthcoming departure, and departure under shields. Disturbed criminals and people occupied with psychological militant exercises are ineligible for a prehearing of Voluntary Departure. An outsider who gets a voluntary departure award and neglects to leave inside the predefined time period is ineligible for a time of 10 years for specific types of help, including another award of voluntary departure, the undoing of expulsion, and change of status. You will be qualified for the abrogation of expulsion in the event that you:

  • have been a lawful permanent resident for at least 5 years;
  • have continuously resided in the United States for at least 7 years after having been lawfully admitted; and
  • have not been convicted of an “aggravated felony,” a term that is more broadly defined within immigration law than the application of the term “felony” in non-immigration settings.

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial.

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Asylum

An optional type of help allowed to a “Refugee”. To be viewed as a displaced person and be qualified for refuge, you should demonstrate that you can’t get back to your nation of origin in light of past abuse or an all-around established dread of future mistreatment dependent on your race, religion, identity, enrollment in a specific gathering of people, or political assessment.

Asylum must be filed within your first year of arrival in the United States. Convictions of an aggravated felony or being considered a danger to national security may make you ineligible for Asylum. However, the Convention Against Torture Act or Withholding of Removal may be alternative forms of relief.

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Withholding of Removal

A similar and alternative form of relief to Asylum whereby successfully proving the form of relief does not lead to eligibility for permanent residence, however employment authorization may be applied for. To establish withholding of removal relief, you must prove that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal.

Protection Under The Convention Against Torture (CAT)

CAT protection is established under Article 3 of the United Nations Convention Against Torture, an International Treaty. CAT protects and obligates the United States and other member countries to protect foreign nationals from being returned to countries where they would more likely than not face torture. The Applicant must prove that more likely than not that they would be tortured if removed to a specific country. CAT does not make the successful applicant eligible for permanent residence, however, they may apply for employment authorization.

If you want to increase your chance to stay in the U.S., having a competent immigration attorney to represent you during this procedure is crucial.

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What if Immigration Judge denies relief and orders removal to deport me?

In the event an Immigration Judge denies all relief and orders you removed, you are still afforded an opportunity to appeal the IJ’s decision to the Board of Immigration Appeals (“BIA”). In such a case, you have thirty (30) days from the date of the IJ’s order to indicate whether you would like to appeal the IJ’s decision.

During the pendency of an appeal by you, you cannot be removed from the U.S. pursuant to the order of removal entered by the IJ. Once, and only once, the order of removal becomes a final order of removal, may you be removed from the United States by the Dept. of Homeland Security.

Deportation and Removal Proceeding Attorney

Removability and Deportation are very serious matters and require an intelligent defense. It is important to have a skilled Immigration Attorney represent you that understands the process and effectively asserts your defense.

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