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Articles Posted in Deportation

In 2012, 409,849 individuals were removed by U.S. Immigration and Customs Enforcement (ICE). The threat of being removed from the country isn't negligible for anyone who isn't a U.S. citizen, even for people who holds a green card. All it takes is one violation for the removal process to be initiated.

What measures can you take to reduce the risk of removal?

One of the most important preventative measures is to avoid a conviction for any crime, including misdemeanors. Convictions don't include only those delivered by a jury at the conclusion of a trial. Pleading no contest or pleading guilty may also count against you. If you're ever in a position where you're facing criminal prosecution, contact an immigration attorney in addition to a defense attorney. A defense attorney may push you to plead guilty to a less serious charge or accept other penalties; however, doing so will increase your risk for removal. To achieve the best possible outcome for your case, you'll need to consult a lawyer who is experienced with immigration law.

Another way to avoid removal is to always be honest about your immigration status. For instance, you may be tempted to make a false claim of citizenship in order to secure certain work and look more attractive to employers, but submitting a false claim puts you at a high risk for removal. Always be honest, especially on any official documents.

If you are an immigrant facing deportation, it is important to understand there may be options. Immigration law is very confusing but it is possible that with the right attorney you can mount a successful deportation defense.

Immigrants who have been in the United States for ten years or more and have children or a spouse who are US citizens may be eligible to apply for cancellation of removal. An Immigration Judge will receive evidence from the respondent that deporting him/her will place an extreme hardship on their immediate family members.

A deportation defense can also be mounted if returning to your home country could cause you to be a victim of persecution. Persecution in a home country includes political persecution, persecution based on sexual preferences or persecution based on your affiliation with certain groups. While political asylum must typically be requested within one year of entering the United States, there are valid reasons why you may have avoided filing for asylum. We can help present your case before an Immigration Judge or if needed, help file an appeal.

Deportation and Removal Defenses

A person in deportation proceedings (now called removal proceedings) can raise several defenses to the charge of removability and deportability. The government has the burden of proving by clear and convincing evidence that the individual is removable.

Even if the government can prove a foreign national is removable, we can still fight for you to stay in the United States. The following are the most common defenses and reliefs from a charge of removability.

Citizenship

A U.S. citizen cannot be deported from the U.S. The rules of citizenship can be complicated. You may be a U.S. citizen by law without knowing it. If any of your parents or grandparents are or were U.S. citizens, there is a chance that you may be a citizen by operation of law.

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