DC LGBTQ Deportation Defense Lawyer
No one wants to face the prospect of being deported. However, if removal proceedings are imminent, or if you want to take action to prevent removal proceedings from starting, it is wise to learn your options and seek advice on choosing the right course of action.
A DC LGBTQ deportation defense lawyer knowledgeable about the remedies available to prevent removal/deportation is an invaluable resource. Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals facing removal/deportation should contact a trusted immigration attorney who can evaluate your situation, review your available opportunities, and work with you to reach your goals. When you consult a knowledgeable immigration lawyer, your attorney can not only provide advice but advocate on your behalf to present your case in a persuasive manner.
Defending Against Removal/Deportation
When someone is or may be facing deportation proceedings, the government has determined that for some reason, the individual involved is considered “removable.” This can be due to alleged criminal activity, marriage fraud, unlawful entry, or other issues. Removal is the term now used by the U.S. government for deportation.
There are two primary approaches to fighting deportation. A DC LGBTQ deportation defense lawyer experienced with deportation defense can demonstrate that the person who is the subject of the proceedings is not removable as charged.
Alternatively, an attorney may admit that the government has grounds to remove the individual at issue, but that the individual qualifies for one or more forms of relief from removal. If relief is granted, the person will not be deported. Immigration judges have discretion in the granting of relief, so a persuasive argument backed by evidence can pave the way for success.
Asylum May Be Granted to LGBTQ Applicants
Because members of the LGBTQ community frequently face persecution in their home countries, they may be eligible for a grant of asylum. When the U.S. government grants asylum to an individual and their families, they are permitted to remain legally in the U.S. and may become eligible for a Green Card and U.S. citizenship in the future.
A grant of asylum may be made when someone can demonstrate that they have been persecuted or will face persecution on the basis of their:
- Nationality
- Membership in a social group
- Religion
- Political beliefs
- Race
The government has recognized that LGBTQ applicants belong to a social group that may be persecuted, so asylum may be granted on that basis.
LGBTQ applicants who have been outspoken in favor of their beliefs may also show that they face danger due to their political opinions. A DC LGBTQ deportation defense lawyer can assist with an asylum application, including the preparation of evidence to demonstrate persecution.
Additional Relief is Available
If the government denies an application for asylum or if asylum is not a feasible option, a Washington DC immigration attorney familiar with LGBTQ issues can pursue other forms of removal relief. An applicant, if not eligible for asylum, may be eligible for withholding of removal under the Convention Against Torture or Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. §1231.)
Alternatively, an attorney may be able to assist with seeking other forms of relief, including deferred enforced departure. The sooner a lawyer begins working on a case, the more time the attorney will have to seek relief on behalf of a client.
Talk to a Washington DC Immigration Attorney Familiar with LGBTQ Deportation Defense
Members of the LGBTQ community in Washington have options when they are facing removal. It is important to understand and evaluate those options in a timely fashion in order to be able to reap the benefits.
Working with a knowledgeable Washington DC immigration lawyer familiar with LGBTQ issues and providing representation in removal proceedings can give you a valuable ally and adviser as well as peace of mind. If you do not take affirmative action to protect your rights, you run the risk of losing those rights. Call now to learn how a DC LGBTQ deportation defense lawyer can help you make the most of your opportunities.