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A deportation is an expulsion from the country where we reside due to some act against the laws, a breach of permanence terms or other cases that may arise during our time living together on international soil.
We must take many factors into account if we find ourselves in this problem, so below we are going to answer the most common doubts.
What to do if I find myself before an Immigration Court?
An immigration court is the instance where a person must appear to define the immigration status in which they are located. The procedures within the immigration courts are usually very complicated, so we recommend that you obtain legal advice from an immigration lawyer. deportation.
Deportation lawyers have the profile and knowledge in deportation hearing cases in the United States, so you should look for a lawyer who has extensive experience in these cases, who knows all the legal procedures that are followed through a court.
There are laws that are very harsh against foreigners, so a lawyer can advise you precisely and know what points you must comply with to avoid violating any law or article.
There are many reasons why you may be considered expelled from the country, including:
- Overstay of your visa.
- Commit a crime or offense (applies to both residents and illegal immigrants)
- You are working in the United States without a corresponding permit or visa.
- He has helped bring in other immigrants.
- You do not have all the legal documents to remain in the United States.
- You have entered the country without any type of visa.
Why is it important to have a lawyer before a deportation hearing?
During a hearing one has the right to a lawyer , that is why it is very important to know a person who has experience in these cases and can help you know the different options you have according to the law to be able to defend your rights , present the different evidence and documents necessary so that you can
face the lawyer on behalf of the Department of Homeland Security (ICE), since they have the power to present all the reasons and evidence for which the deportation of your person is requested.
Remember that you have the right to a completely impartial hearing, above all you have the opportunity with your lawyer to file an appeal against an unfavorable ruling.
The most important thing is to know if you can appeal to a higher court so that you have an opportunity to defend your position. Remember that a lawyer can recommend the best option in an adverse scenario, whether it is possible that you may benefit from an appeal or not.
There are many cases where in the first instance it is not possible to achieve something positive, but in a higher instance, it is very likely that it will give you a favorable solution. It all often depends on the type of case you have.
Is it advisable to appeal a deportation order?
An appeal can take from a few months to several years, it all depends on the situation and the handling that the immigration lawyer knows, while the appeal is being made, you have the advantage of being able to remain in the country and renew your work authorization during that period .
Learn more about this opportunity with your lawyer of choice and remember that you should always look for the legal forms that can best safeguard your interests.
How to avoid and prevent a deportation order?
There are several ways to avoid deportation in the United States, depending on the individual’s individual situation and their immigration status. Some of the options include:
- Obtain legal status : If you are in the country illegally, one option is to obtain legal status, such as a visa or Green Card. This can be achieved through a sponsor, a citizen or permanent resident family member, or through the asylum process if the requirements are met.
- Request a stay of deportation : If deportation proceedings have already been initiated, it is possible to request a stay of deportation at an immigration hearing. This requires the assistance of an immigration attorney and demonstrating that they meet certain eligibility criteria.
- Apply for Cancellation of Removal : If you have lived in the United States for at least 10 years and can demonstrate that your deportation would cause extreme hardship to your citizen or permanent resident family, you may be eligible to apply for cancellation of removal.
- Apply for an immigration waiver : If you are in the country illegally but are married to a US citizen or permanent resident, you may be eligible to apply for an immigration waiver or waiver, which allows you to adjust your immigration status.
It is important to consult with an immigration attorney for advice and to determine the best option for your particular situation.
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