What Is Deportation Defense?

Deportation is one of the most difficult situations that an immigrant may encounter. An immigrant who may be deported will first receive a Notice to Appear, NTA. The Department of Homeland Security, DHS, requires that you appear in court for a final determination of your status and possible deportation. It is important for immigrants to know that there is a way to defend your deportation in court. Deportation defense is best accomplished with help from a qualified immigration attorney with experience in these matters.

Find Out Why

The first step in trying to dispute a deportation is to understand the reason for it. There are a number of reasons why a deportation may have been ordered. The most common include the conviction of a crime and illegal presence in the United States. Sometimes a mistake is made and the allegations are untrue. For example, your entry into the U.S. could be listed improperly. An incorrect crime classification could result in a removal order.

Removal Relief

Sometimes there may be some options of relief from removal that you may be able to utilize. A waiver of inadmissibility, cancellation of removal, or asylum may all be possible options. However, it is essential to realize that you must meet the stringent criteria standards for these types of options. If you meet the requirements you may still not be allowed relief if you have been convicted of an aggravated felony or a crime of terrorism.

Voluntary Departure

If you are unable to remain in the United States, it may be better to leave voluntarily than to face deportation. You must request permission for a voluntary departure. While you must still leave the country you may face fewer penalties than if you are actually deported. If you’re deported, you likely will have a ban on re-entry. The length of the ban on re-entry depends on the reason for your original removal request.

Help from an Immigration Attorney

A deportation is a very serious matter and one that is best handled with the assistance of a skilled immigration lawyer. Your lawyer will review every aspect of your situation to help determine what options are possible. Each case is different and therefore it is best to seek legal advice before deciding what to do. If you remain in the U.S. illegally you could face additional consequences. If you are facing deportation, contact the legal team at Udall Shumway PLC to schedule a consultation to discuss your situation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Deportation Defense, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.