Fairfax LGBTQ Deportation/Removal Defense Lawyer

Over the past few years, the emphasis on the removal (formerly referred to as deportation) of non-citizens has gained increased momentum. However, it has always been true that the federal government has the mandate and ability to deport any person who is not in the country with authorization.

This includes people who entered illegally and those who have overstayed a visa. However, these individuals still enjoy due process and can argue in court as to why they should not be returned to their home countries. One potent argument available to members of the LBGTQ community is that they will face violence or persecution if they were to go back home.

A seasoned immigration lawyer who has previously represented members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community could help people to mount a powerful defense against removal (deportation). This includes evaluating whether a person’s sexual orientation or identity make them a target for violence and making the case for protection under asylum, withholding of removal, or the Convention Against Torture (CAT). Speak with a Fairfax LGBTQ deportation/removal defense lawyer to learn more about the options available to you.

Reasons for Facing Deportation in Fairfax

Any person who enters or remains in the United States without permission is subject to arrest and eventual removal (deportation). The U.S. Department of Homeland Security, through Immigration and Customs Enforcement (ICE), can detain those whom it believes are present unlawfully and hold them in custody until they can initiate removal proceedings.

The United States’ removal/deportation process does not always follow a predictable pattern, however, people who are in custody have the right to legal representation at no government expense. A skilled lawyer could help to evaluate the reason for a person’s apparent undocumented status, work to challenge the legality of the detention, and identify reasons that an individual can use to argue for the right to remain in the United States. A Fairfax LGBTQ deportation/removal defense attorney could help a person facing removal proceedings to evaluate their options.

Using Sexual Orientation/Identity as a Defense to Removal/Deportation

One powerful defense to removal/deportation is to argue that returning to one’s home country will place them at a serious risk of violence or political persecution. This is the basis for an asylum defense. Here, a person facing removal proceedings can file Form I-589 Application for Asylum and Withholding of Removal and outline why that person will face persecution because of their sexual orientation or identity if they are returned home.

To pursue these claims, a person must be prepared to point to specific instances of how violence has harmed them or members of their social group in the past or has a well-founded fear of future persecution. This evidence of persecution can include:

  • Police reports concerning arrests of those within the LGBTQ community
  • Local laws that disenfranchise members of the LGBTQ community
  • Specific reports of violence against the applicant

LGBTQ people should also evaluate whether they might be eligible to remain in the country as the sponsored relative of a U.S. citizen. Family-based sponsored applicants can petition the court to allow them to remain in the country while the U.S. Citizenship and Immigration Services (USCIS) evaluates their petition. A Fairfax attorney who has represented members of the LGBTQ community in the past could help to choose a removal defense that suits their needs.

Let a Fairfax LGBTQ Deportation/Removal Defense Attorney

Facing the threat of removal is always a stressful and frightening situation. The U.S. government has great power to enforce immigration laws, and any person present in the United States without authorization faces the prospect of detention and deportation.

This can be especially dangerous for members of the LGBTQ community. Many areas of the world still prohibit homosexuality, and transgender people face constant threats of violence. It may be possible to leverage the fear of reprisal into a claim for asylum to allow you to remain in the U.S.

A Fairfax LGBTQ deportation/removal defense lawyer may be able to prevent your deportation. They can work to investigate your specific case, to challenge your official status, and to identify defenses that may help to improve your situation in immigration court. Contact an attorney immediately to give them the best chance of helping you.

Fairfax LGBTQ Immigration Lawyer