It can be difficult to understand the immigration and deportation systems in Maryland. Having an experienced Maryland deportation defense lawyer is crucial to preparing for the courtroom and ensuring a fair trial. Even the simplest of immigration legal cases can be extremely complex as every case is different and there are many misconceptions.

Get the Help of a Maryland Deportation Defense Attorney

The stakes may be very high if you have been here for a long time, so it is imperative that you are putting your best foot forward. In most cases, it is almost impossible to do this without a Maryland deportation defense attorney. In direct and simple cases, like where a person qualifies for termination of their case for some reason, you may be able to get through it with a helpful judge and a sympathetic prosecutor, but it is extremely rare to prevail in proceedings that have any level of opposition from the government or complexity without an attorney as there are no juries.

There are a number of different paths you can take to defend yourself. A lawyer will help you create a defense that best fits your specific situation, which depends on the person and the case. One common strategy is asylum application. Another one is cancellation of removal. Sometimes people apply for victim-based visas, like VAWA, or a U visa if they have been a victim of a crime in the U.S.

Pending Status for Asylum Applicants

Every individual case is different for asylum seekers. In some cases, for asylum applicants, if you are awaiting an individual hearing, you can get a work authorization 180 days after you have submitted the forms for your asylum application with the help of a Maryland deportation defense lawyer. Those people are basically here legally, and can work and live normal lives for the most part while they are waiting. Some people will not qualify for work authorizations while going through the process. They are in legal limbo because they are technically allowed to be here, but while they are in removal proceedings they are not eligible to work or travel. It’s different in every case.

Filing for Cancellation of Removal

Cancellation of removal is a type of benefit that you are only eligible for if you are in removal proceedings. It is available to people who have no legal status, or to lawful permanent residents. A Maryland deportation defense lawyer can help you apply for it if you have been in the United States for 10 years or longer and you can prove physical presence for that amount of time without interruption, do not have any disqualifying criminal record, and you have a United States citizen or legal permanent resident spouse, child, or parent. The most difficult thing in these cases is that you do not have to just have the qualifying relative, but you have to prove to the government that your relative will suffer extreme and unusual hardship if you are deported.

Legal permanent residents who are placed into removal proceedings because of a criminal conviction can also apply for cancellation, but they only need to prove that they have been continuously physically present in the United States for seven years. They also need to have a qualifying relative, but they do not need to prove extreme and unusual hardship to that relative in order to qualify.

Misconceptions About Deportation Proceedings

The most common misconception is that the time-frame is similar to a criminal court proceeding or any other kind of court proceeding. Whereas criminal court proceedings can complete quickly, it could be well over five years before the defendants of a deportation case have an individual hearing. If there are extenuating circumstances to prolong your case, even with an experienced Maryland deportation defense lawyer, it could be up to seven or eight years before you have a decision.