Deportation and Removal Defense: Understanding Your Rights and Options
When you face deportation or have a loved one that might be deported, you can feel various emotions. Fear and anxiety are common reactions due to uncertainty about what will happen next. You may also feel helpless as your future hangs in the balance with no control over the decision-making process.
But you shouldn’t have to go through this alone. This blog will discuss deportation defense strategies, fighting deportation orders, and an overview of how to stop the deportation. Let’s get started.
First Things First: What Is Deportation and Removal
Deportation and removal are two different yet connected terms used in the immigration process. Deportation is when an immigrant or non-citizen is ordered to leave the country by an immigration court, usually due to violating U.S. immigration law. The individual may or may not be able to appeal this decision before being deported.
Removal, on the other hand, is when an individual without legal status in the U.S. is taken into custody and held until a judge hears their case and decides about their status in the country.
Fundamental Rights Individuals Have When Facing Deportation
Individuals facing deportation are protected by several fundamental rights outlined in the U.S. Constitution and international law. Under the Fifth Amendment of the U.S. Constitution, individuals have a right to due process when deprived of their liberty; this means they must receive a fair hearing in court before any deportation or other removal action is taken against them.
Exploring Various Defense Strategies
Facing deportation can be scary and daunting. However, it is vital to know that there are legal methods available that can help shield you or your loved ones from deportation. Below are some popular legal tactics for addressing the deportation threat:
The Adjustment of Status strategy is when you apply for permanent residence in the United States after receiving approval for an immigrant petition. If your application is successful, your status will change from a nonimmigrant to an immigrant, and you won’t be at risk of deportation.
Cancellation of Removal is a legal option that requires the court to cancel the removal based on specific criteria, such as the amount of time you have lived in the United States, the presence of a qualifying relative, and your good moral character. If the request is granted, you can stay in the United States, as your removal will be canceled.
The Asylum Strategy involves submitting an asylum application based on being persecuted in the past or fearing being persecuted in the future due to factors such as race, religion, nationality, political beliefs, or membership in a specific social group.
Get Qualified Legal Representation For Your Case
Facing deportation can be an incredibly frightening and overwhelming experience. Knowing how you will react and how best to handle the situation is challenging. But you shouldn’t have to go through this ordeal on your own.
If you are facing deportation, The Presti Law Firm can help you. We specialize in immigration law cases related to deportation status and provide various services that can assist you in fighting against it. Get in touch with us today to receive legal counsel.
Request a case evaluation from our staff to get started.