If you are currently living and building a family in the United States, one of the worst feelings you can have is checking your mailbox and finding a Notice to Appear before a deportation and immigration judge. In the United States, deportations can be triggered for many reasons, but once the process starts, you should quickly engage with an immigration lawyer to help figure out your next best step.
Common Misconceptions About Deportations and Deportation Defense
Many people facing deportation proceedings harbor misconceptions that can adversely affect their cases. Firstly, there’s the belief that only those with criminal records are at risk of deportation. In reality, even minor infractions or administrative errors can trigger these proceedings. If you ever receive a notice in the mail regarding your status in the United States and possible removal, don’t assume that your squeaky-clean criminal record means this mail is an error.
Another common myth is that extended time lived within the United States means you’re safe from deportation. Your U.S. length of residence can be a factor in your defense, but it does not grant immunity, especially if other factors like crime or significant clerical errors recently sprung up.
The best way to move forward when facing a deportation or removal notice is to quickly contact an immigration attorney and work through the details of your case with them. You can discover your options and potential defenses much easier by meeting in person at a consultation.
Key Factors in Building a Strong Defense
First and foremost, your immigration history plays a pivotal role in how your defense will ultimately play out. Factors like your length of stay in the U.S., your status at the time of the deportation proceedings, and any previous immigration violations will influence the decision of the United States and the judge that oversees your case.
Other factors like your ties to the community and criminal record will also be under scrutiny as those who make the decisions weigh how strong your foundation is in the United States.
At the most basic level, always ensure you have collected all relevant documentation and evidence to support your defense. Your immigration attorney can help gather relevant legal documents, character references, and other proof to substantiate your right to remain in the U.S. A well-prepared and thought-out defense is your best strategy in facing deportation proceedings.
Exploring Alternative Options versus Deportation
If you fear persecution in your home country, you can seek asylum or refugee status in the United States, which can also be a viable defense against deportation. However, not just anyone can apply for these statuses:
- Asylum is available to individuals at a designated port of entry or within the country who demonstrate a reasonable fear of persecution in their home country for various reasons – race, religion, or other protected statuses.
- A refugee claim is similar to an asylum claim but is for individuals outside the United States. As such, you can generally not apply for refugee status as a defense for removal, although it can be used as a strategy if you fail to remain in the United States.
To successfully claim asylum or refugee status, you must provide compelling evidence of the risk you face. Your immigration attorney will have the latest information regarding the status of similar asylum seekers or refugees and help you gather the evidence to bolster your claim.
Probinsky & Cole has the experience you need to protect your status in the United States. Call us today to speak to an experienced member of our team.
