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If a person is deported, it could mean that he or she is no longer eligible to return to the United States. That means a parent could risk never seeing a child again or that a husband risks never seeing his wife again. With so much on the line, it is worth your time and money to seek out legal counsel to help with a deportation case.
What Can a Lawyer Do to Help You?
An attorney may be able to review your case to determine the exact reason why you have been scheduled for removal. Knowing why the government wants to deport you makes it easier to create a legal strategy to reduce the odds of that happening. For example, the government could decide that you left the country and didn’t return in a timely manner.
That could lead to a determination that you never intended to make the United States your permanent home. Your attorney could argue that a trip outside of the country was merely to see a dying loved one or for business. That may result in a judge reaffirming your status and allowing you to stay here.
Could You Represent Yourself in Court?
While it is possible to represent yourself in court, it may not be a good idea to do so. In most cases, individuals don’t have an adequate understanding of the law or how it can be applied in a given legal matter. Furthermore, it is important to know that the government will have lawyers and other legal experts who understand how to argue in front of a judge.
Finally, the judge him or herself may not have time or patience for those representing themselves as there are many immigration cases that need to be dealt with on a given day. Unless you are able to make a compelling argument in a short period of time, it is unlikely that you will receive a favorable ruling.
Fortunately, an attorney will be able to create a persuasive argument in a timely manner in the courtroom. Even if you want to present your own case, an attorney can be helpful as he or she will likely have a better command of the English language. This will make it easier to communicate with a judge and articulate your position properly.
What If You Are Scheduled for Deportation?
In the event that a judge orders you to be deported back to your country of origin, it doesn’t mean that an attorney can’t be of assistance. It may be possible to appeal the judge’s decision on humanitarian grounds. For instance, if you face certain death because of your gender or political affiliation, an attorney could ask that you receive asylum.
Even if you aren’t eligible for asylum, a judge could still offer relief at his or her discretion. Relief could be granted to those who have a job, family members in the community or some other reason to be productive and stay out of trouble while in the United States. Parents may be allowed to stay in the country as forcing their children to leave is likely not in their best interest.
What Happens to Children of Parents Who are Deported?
Children of those who are deported are generally allowed to stay in the country if they are citizens. If the child was born in the United States, he or she is automatically a citizen. However, parents do have the right to take their children back to their country of origin with them. An attorney may be able to help parents create plans for friends or family members to care for minors while their parents are gone.
If there is no plan for a friend or family member to watch a child after a parent leaves, that child may end up in foster care. Therefore, it is critical that a parent seeks out legal counsel even if he or she doesn’t have much hope for remaining in the country.
A deportation proceeding is a serious matter that can have a significant impact on your life and the lives of your family members. Therefore, it is rarely a good idea to go through this experience on your own. In some cases, an attorney may be willing to represent you for free or at a reduced rate to best meet your needs.