Arlington Deportation Defense Lawyer

Removal or deportation from the United States is the most serious consequence a non-citizen of the United States can face, and it has the ability to break up families and cause an immense amount of stress and strain for all involved. If you are currently facing removal or deportation, it is important to remain hopeful and understand there may be legal options available to you.

These options may be able to halt your deportation, but you will more than likely need the help of an Arlington deportation defense lawyer if you wish to avoid deportation. A dedicated immigration attorney could provide you with the guidance and legal advice you need to be successful during your removal hearing.

Factors Considered During a Deportation Hearing

When it comes to deportation or removal, there is no guarantee a person will not be ordered removed from the U.S.  Each immigration court and immigration judge are different, and even with a significant amount of testimony and documentation, an immigration judge can decide to deport a person from the country. However, the following factors will likely be taken into consideration during a deportation hearing:

  • The consequence of removal to the individual (i.e. harm in the home country)
  • How long the person has been in the United States
  • Employment history of the person facing deportation
  • Number of family members in the country
  • Moral character and involvement in the community
  • Number and type of criminal convictions

No matter the form of relief available to the individual facing removal, there is always an element of discretion to granting relief. The court is likely to look favorably upon individuals who pay state and federal taxes on time, is engaged in the community, and has U.S. citizen or lawful permanent resident family members who will suffer harm in the individual’s absence. If a person has prior criminal convictions, they may be able to avoid deportation by proving they have been rehabilitated or altered their behavior to some degree.

Cancellation of Removal Eligibility

Deportation is the worst nightmare for many immigrants and the government does not take deportation lightly. Unfortunately, being convicted of certain crimes or infractions can result in facing deportation, even if it occurred years ago. For this reason, it is exceptionally important for non-citizens with no lawful status to avoid committing crimes, even minor infractions such as speeding or running a red light can have a negative impact during deportation proceedings. Those with no status in the U.S. may be eligible for asylum or withholding of removal if they will face harm based on their race, nationality, religion, political opinion, or particular social group, Cancellation of Removal for Non-Permanent Residents if they have been in the U.S. for at least 10 years and have a U.S. citizen or Green Card holder parent, spouse, or child who will suffer exceptional and extremely unusual hardship without them, or a petition through a family member or employer.

Individuals who are in the country legally as lawful permanent residents (Green Card holders) but are currently facing deportation may apply for asylum and withholding of removal or can apply for Cancellation of Removal for Certain Permanent Residents, which will allow them to remain in the United States.

Only lawful permanent residents who have been Green Card holders for five years and present in the country for at least seven years after an admission will be eligible for a Cancellation of Removal for Certain Permanent Residents. They must also show that their deportation will create exceptional and extremely unusual hardship for their family members who are U.S. citizens or permanent residents.

Common Defenses Against Deportation

Non-citizens facing deportation often feel hopeless, but an Arlington deportation defense lawyer may be able to use their following defenses to their advantage:

  • Adjustment of status (a judge may decide to adjust the immigration status of a person to allow them to stay in the U.S.)
  • Asylum (if a person fears persecution upon returning to their home country)
  • Cancellation of Removal
  • Hardship waiver

Reach Out to an Arlington Deportation Defense Attorney

If you or a loved one is currently facing deportation, it is important to act as fast as possible. Immigration laws can be complicated and the court system does not favor non-citizens, so you may need to hire legal representation if you wish to remain in the country. Reach out to an Arlington deportation defense lawyer to discuss your case today.