Virginia Deportation Defense Lawyer

Deportation or removal is a frightening but unfortunately real prospect for many noncitizens in the United States. Even if you have entered the country legally and hold a Green Card, you may still be subject to deportation.

It is essential for anyone facing deportation proceedings to understand their rights and their options for defending against removal. A skilled Virginia deportation defense lawyer could provide advice, but also advocate on your behalf to help reach a positive outcome. A knowledgeable immigration lawyer could assess your situation to determine the strategies to lead to success.

Reasons for Deportation

A noncitizen may face removal for several reasons. Some of the more common reasons immigration deportation proceedings are initiated include:

  • Commission of a crime
  • Failure to obey visa terms
  • Illegal entry
  • Status violations
  • Becoming a public charge
  • Violating immigration laws

Even something minor such as engaging in prohibited types of employment or failure to maintain permanent residency in the U.S. can result in removal. Regardless of the apparent triviality behind the proceeding, it is essential to take the matter seriously because the consequences can be life-changing.

How Deportation Proceedings Work

The government refers to deportation as “removal,” and removal proceedings begin with the Department of Homeland Security (DHS) issuing a “Notice to Appear” in immigration court. This notice should include the date of the court appearance and the charges against the recipient.

If the person receiving the notice fails to appear in court, a removal order will be entered against them by the judge in their absence. It can be extremely difficult to rescind this order, so it is wise for someone receiving a notice to make every effort to appear in court.

This first appearance is brief and provides an opportunity to admit or deny the charges in the Notice to Appear. If there are complex issues the judge will schedule another hearing to explore the case in more detail. If the person in removal proceedings, referred to as the Respondent, submits an application for relief the judge will schedule a final hearing. This is referred to as an individual or merits hearing as opposed to the preliminary hearings which are called master calendar hearings.

As a defensive strategy, it is often wise to deny the charges and explain why an individual is not removable. Alternatively, it may be advisable to admit the charges but show that the individual qualifies for relief from removal.

Denying Deportation Charges

In many situations, the person facing deportation may be able to argue that the government erred by bringing proceedings because there has been nothing done to make that person removable under the law. The DHS bears the burden of proving that the individual charged is removable.

It may be possible to show that the reasons alleged by the Department are incorrect or inapplicable in your situation. It is also possible that the government lacks sufficient evidence to prove removability and the proceedings can be terminated by the judge. A deportation defense lawyer in Virginia could help indiviudals fight against deportation charges.

Seeking Relief from Deportation

If a judge finds that someone is removable or if the person charged admits removability, it is still possible to avoid deportation by seeking relief. There are numerous situations that qualify a foreign national for relief from deportation.

For example, those who are subject to persecution in their home country may be able to obtain relief through asylum. Those who have been in the country for a certain length of time may be eligible to apply for cancellation of removal.

Work with a Dedicated Virginia Deportation Defense Attorney Today

It can be difficult to understand the various options available when seeking relief from deportation. A knowledgeable immigration lawyer who has handled deportation cases can analyze your situation to determine the forms of relief for which you may be eligible and the best strategy to demonstrate that eligibility.

When you work with a dedicated Virginia deportation defense lawyer, your attorney serves as your advisor and advocate throughout the process, fighting to achieve your goals. If you or a loved one are facing or may soon face removal proceedings, contact a deportation defense lawyer to learn how to protect your rights.