Facing deportation can be an overwhelming and frightening experience. However, understanding your rights and the legal strategies available can significantly improve your chances of remaining in the United States. At Tourzani & Long, LLC, we are dedicated to providing comprehensive legal support to those facing deportation. This post explores the various strategies and rights that can help you defend against deportation.

Understanding Deportation Proceedings

Deportation, also known as removal, is the process by which the U.S. government orders a non-citizen to leave the country. Deportation proceedings can be initiated for various reasons, including visa violations, criminal convictions, and unlawful presence. Understanding the deportation process is the first step in building a robust defense.

Common reasons for deportation include:

Visa violations. Overstaying a visa or working without authorization.
Criminal convictions. Certain crimes, including felonies and crimes involving moral turpitude.
Unlawful presence. Entering or remaining in the U.S. without legal authorization.
Fraud and misrepresentation. Providing false information to immigration authorities.

The Deportation Process

The deportation process typically involves several steps:

Notice to appear (NTA). The process begins with the issuance of an NTA, which outlines the reasons for deportation and the date of the immigration court hearing.
Master calendar hearing. An initial hearing where the immigration judge reviews the charges and explains the respondent’s rights.
Individual hearing. A detailed hearing where the respondent can present evidence and arguments to defend against deportation.
Decision. The immigration judge makes a decision based on the evidence and arguments presented.

Legal Strategies to Defend Against Deportation

Cancellation of Removal. Cancellation of removal is a form of relief that allows eligible non-citizens to avoid deportation and obtain lawful permanent residency. There are two types of cancellation of removal:

For lawful permanent residents. Must have been a green card holder for at least five years, have resided in the U.S. continuously for seven years after being admitted, and not have been convicted of an aggravated felony.
For non-permanent residents. Must have been physically present in the U.S. for at least 10 years, have good moral character, and demonstrate that deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Asylum and Withholding of Removal. If you fear persecution in your home country, you may be eligible for asylum or withholding of removal. To qualify, you must demonstrate:

Well-founded fear of persecution. Based on race, religion, nationality, political opinion, or membership in a particular social group.
Timely application. Generally, you must apply for asylum within one year of entering the U.S., though exceptions exist for changed or extraordinary circumstances.

Adjustment of Status. Adjustment of status allows eligible individuals to apply for a green card without leaving the U.S. This strategy is available if you are eligible for a green card through family sponsorship, employment, or other categories. Key requirements include:

Lawful entry. You must have entered the U.S. lawfully.
Eligibility for a green card. You must meet the eligibility requirements for a green card under a specific category.

Voluntary Departure. Voluntary departure allows you to leave the U.S. voluntarily within a specified time frame, avoiding a formal deportation order. This option can preserve your ability to apply for reentry in the future. To qualify, you must:

Request voluntary departure. Submit a timely request to the immigration judge.
Demonstrate good moral character. Show evidence of good moral character.
Cover departure costs. Pay for your travel expenses to leave the U.S.

Waivers of Inadmissibility. Waivers of inadmissibility are available for individuals who are otherwise ineligible to enter or remain in the U.S. due to certain grounds of inadmissibility, such as unlawful presence or criminal convictions. Key requirements include:

Qualifying relative. You must have a U.S. citizen or lawful permanent resident spouse, parent, or child.
Extreme hardship. You must demonstrate that your removal would cause extreme hardship to your qualifying relative.

Knowing Your Rights

Right to Legal Representation. You have the right to be represented by an attorney during deportation proceedings, although the government will not provide one for you. Having an attorney can significantly improve your chances of success.

Right to a Fair Hearing. You have the right to a fair hearing before an immigration judge, where you can present evidence and arguments in your defense.

Right to Appeal. If the immigration judge issues a deportation order, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). Timely filing of the appeal is crucial to preserving your right to challenge the decision.

Right to Remain Silent. You have the right to remain silent and not answer questions from immigration officers without an attorney present. This can prevent self-incrimination and protect your legal rights.

Tips for a Successful Defense

Gather Strong Evidence. Collect and organize all relevant documents that support your case, such as proof of residence, employment records, medical records, and character references. Strong evidence can make a significant difference in your defense.

Be Honest and Consistent. Provide truthful and consistent information throughout the proceedings. Inconsistencies or falsehoods can undermine your credibility and weaken your defense.

Stay Informed. Stay informed about your case and the latest developments in immigration law. Regular communication with your attorney can help you make informed decisions about your defense strategy.

Seek Legal Assistance. Navigating the deportation process can be complex and challenging. An experienced immigration attorney can provide invaluable support, ensuring your defense is thorough and well-prepared.

How Tourzani & Long, LLC Can Help

At Tourzani & Long, LLC, we offer comprehensive legal services to support you through the deportation defense process. Here’s how we can assist you:

Initial Consultation and Case Assessment. We begin with a thorough consultation to understand your situation and assess the specifics of your case. This helps us develop a tailored strategy that aligns with your needs and goals.

Detailed Defense Preparation. Our attorneys assist you in gathering and organizing supporting documents, preparing your testimony, and briefing any witnesses. We provide robust representation during deportation hearings, advocating for your rights and presenting your case effectively.

Continuous Support and Communication. We offer continuous support throughout the deportation defense process, keeping you informed about the status of your case and any developments that may affect your defense.

Protect Your Future with Tourzani & Long, LLC

Facing deportation is a challenging experience, but you don’t have to navigate it alone. At Tourzani & Long, LLC, we are committed to providing strong and effective legal defense strategies to protect your future. Contact us today—visit our website or call (201) 987-0036 to schedule a consultation and take the first step toward securing your legal status in the United States.