Fairfax Removal Defense Lawyer

Any person who is facing a removal (formerly deportation) proceedings may be frightened and confused. The United States Department of Homeland Security (DHS), in conjunction with Immigration and Customs Enforcement (ICE), have broad powers to detain those who are unlawfully present and to send them back to their home countries.

For many people, this may mean abandoning their families or facing violence upon return home. It is essential that these individuals present a powerful defense in immigration court as to why they should be able to remain in the United States.

A Fairfax removal defense lawyer may be able to help people in pleading their cases before the immigration court. A skilled immigration attorney can work to identify possible defenses and to gather the documentation necessary to make those arguments before a judge.

Why People may be Facing Removal Proceedings in Fairfax

The laws in the United States concerning lawful entry and living in the United States are clear: people may not enter the U.S. without a proper visa. These visas serve a specific purpose, and people must return home after the expiration of that visa. Any person living in their home country with an avenue to apply for an immigrant visa (permanent right to remain in the U.S. and obtain a Green Card) may apply for an immigrant visa at the U.S. Embassy in their home country or if present in the U.S. can apply for lawful permanent resident status (Green Card) inside the U.S. Any person, who if present in the U.S. with a temporary visa who fails to maintain their status may face removal proceedings.

However, this does not mean that individuals do not have due process. Courts must follow the United States’ removal process. This involves having probable cause for ICE to make an arrest, allowing immigrants to obtain lawful representation (at no cost to the U.S. government), and holding a hearing to determine whether to send the immigrant to their country of origin. A Fairfax removal defense lawyer can work with people to determine why they are facing removal and to explain the relevant lawful processes.

Presenting Persuasive Defenses Against Removal in Court

As stated above, ICE can only deport a person if they do not have a lawful right to be in the country. It follows that the first line of defense is to argue that the arrest and removal proceedings do not apply to an immigrant. For example, if the arrest was a case of mistaken identity or if there is a clerical error in a person’s visa or lawful resident paperwork.

Unfortunately, many removal proceedings progress beyond this point. However, another possible deportation defense is to argue that a forced return to a home country will place a person in immediate danger. This defense is called asylum.

In order to be granted asylum, immigrants must show that there is a substantial risk of violence or political persecution in their home country. Examples of this violence can include adverse actions taken because of their:

  • Race
  • Political affiliations
  • Membership in a particular social group
  • Religion
  • National origin or ethnic group

Every asylum case proceeds on a case-by-case basis. An applicant must be prepared to demonstrate how a return home will expose them to violence. A powerful claim will include documentary evidence of laws that permit persecution or specific life instances of how they have been the target of violence. A Fairfax deportation defense attorney could work with each individual to evaluate their removal case and to pursue a defense that fits their particular circumstances.

Speak with a Fairfax Removal Defense Attorney

People may wish to fight a removal for any number of reasons. Many of the individuals facing this fate have established families or businesses in Fairfax or have a legitimate fear of returning home. Nevertheless, DHS and ICE have broad powers to make arrests and initiate removal proceedings.

No matter why you faced arrest, either for a lack of a Green Card, an expired visa, or even for a border crossing, you still have rights. These include the right to present a defense in a removal proceeding. Potential defenses include arguing that a paperwork error has misclassified your lawful status or that you are entitled to asylum in the United States.

A Fairfax deportation defense attorney may be able to help you. They can work to gather evidence concerning your official immigration status. They can then aim to craft a defense that convinces the immigration court to delay or outright dismiss removal proceedings. Contact a Fairfax removal defense lawyer immediately to protect your rights.