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When you are arrested by ICE, or served with a Notice to Appear, it can be a scary experience. Most immigrants in this situation aren’t sure where to turn to next. Dealing with immigration proceedings alone can be a stressful and confusing process. That’s why it’s best to use the help of an immigration lawyer to make sure your rights are protected. Don’t put your future in the U.S. at risk; get legal representation from a Queens deportation lawyer.
Deportation is legally referred to as removal. This process starts when the government finds that an immigrant no longer qualifies to live in the country. Removal is the legal process that occurs through the immigration court system to expel a person from the U.S. The removal process is reserved for immigrants living (or visiting) in the U.S., whether they are here legally or illegally.
There are several reasons DHS may initiate a removal proceeding. DHS may allege that the immigrant has engaged in some sort of fraud to obtain immigration benefits. Action will also be taken if the immigrant is involved with illegal drugs, or is convicted of a crime of violence.
Immigration courts are set up to have expeditious proceedings. As such, they are more informal and will not spend extra time on any particular case. Immigration proceedings do not have juries, and a lawyer will not be appointed for you. Furthermore, the judge will not be able to help you build your case, recognize legal issues or assert a defense. Therefore, if you do not have a lawyer, you will be representing yourself against the government’s lawyer who represents the Department of Homeland Security (DHS).
Those who show up to court unrepresented will be expected to answer to the removal charges. At the first master calendar court date the judge will probably suggest that you retain a lawyer. If you do not hire one, you will have to handle the rest of the proceedings by yourself. You will be responsible for providing a legal argument as to why you are not removable from the U.S. If you cannot assert a valid defense and supporting evidence, the immigation judge is required to deport you.
Hiring an experienced immigration attorney is your best option to fight removal charges. If a lawyer is retained prior to the hearing, he or she can review the charges against you to determine if the government has sufficient evidence. Your attorney can also interview you to find out if any special circumstances exist that would provide you with a deportation defense. Immigration laws are very complicated, and it is hard for the layperson to analzye a case. By hiring an attorney, you may find that there is an applicable defense that you never knew of. If a defense is found, your attorney can advocate on your behalf to the court and prosecuting agency.
Several defenses may be available to you depending on the facts of your case. As an initial matter, your attorney may be able to release you from ICE detention through a bond hearing. A deportation lawyer can help prove that you are not subject to mandatory detention based on background and ties to the U.S.
An attorney may also file a motion to terminate the removal proceedings. This option can be used if there is a lack of evidence surrounding your removability. The most common way removal proceedings can be terminated is if relief is granted that allows the immigrant to remain in legal status. An example of this type of relief is asylum.
Immigrants undergoing removal may also qualify for a waiver. Depending on the circumstances, you may qualify for a waiver of inadmissibility, or a 212(c) waiver. If either of these waivers is granted by the immigration court, the you will be allowed to remain in the country.
Some immigrants can prevent deportation by qualifying for an adjustment of status. In such a case, the immigrant would apply for residency through another family member. Then, the court would grant relief from removal because the immigrant has the opportunity to transition into legal status.
Another possible defense is cancellation of removal. This is a form of discretionary relief that grants permenent residence status in lieu of removal. There are several requirements that must be met in order to qualify for this type of relief. A deportation attorney can assist you in determining if you qualify.
Immigration cases are time-sensitive matters. Make sure to contact an attorney as soon as you are placed in removal proceedings. This means you should get legal assistance as soon as you receive a Notice to Appear. A deportation lawyer can help you defend your case to the best extent possible.