Defending against deportation in the United States is very difficult. It is highly recommended that you find a knowledgeable and experienced deportation attorney to represent you in any deportation proceeding.
Deportation proceedings are like a criminal trial. The non-citizen is first charged with an immigration “offense” or reason why the person should be deported. The non-citizen must respond to those charges. If the person cannot prove that he or she is a citizen or lawful permanent resident of the United States, or that he or she is in the United States with lawful permission, then he must plead “guilty”, or agree, to the offense. If he or she agrees to the immigration offense, then he or she is deportable.
However, even if a non-citizen is deportable, he or she may be able to defend against deportation by submitting applications for relief from deportation. These applications are submitted in court to the Immigration Judge. Then the Immigration Judge schedules a final hearing date to review the applications and evidence to be presented by the non-citizen and/or their deportation attorney.
On the day of the final hearing, the US government has an attorney who represents the government’s interests. The non-citizen has the right to be represented by a deportation attorney. And a judge makes a final decision in the case.
Hiring a deportation attorney who understands the changing immigration laws and has experience creating strong arguments for relief from deportation is vital to success at the final hearing. Although non-citizens are not required to have an attorney and can choose to represent themselves at the final hearing, most are not trained in immigration law and do not have the knowledge or experience needed to successfully win arguments in front of the immigration judge.
If the non-citizen convinces the judge to grant relief from deportation, he or she is allowed to remain in the United States, and could likely receive a green card. If the judge denies relief from deportation, the non-citizen will be ordered deported to his or her country of citizenship. Someone who has been issued an order of deportation can file an appeal of the deportation order. However, appeals are vey difficult to win. It is very important to make the strongest arguments possible in front of the immigration judge so that you have the highest chances for success.
Deportation proceedings are very stressful. If you or a loved one has been detained by immigration and has been sent to deportation proceedings, call the deportation attorneys at Vanderwall Immigration as soon as possible. We can represent you through all the stages of the deportation defense process and help you win your lawful status in the United States. Call us for a consultation at 503-206-8414.