Leesburg Removal Defense Lawyer

Facing the prospect of removal and returning to one’s home country can fill the minds of many people with fear and anxiety. For many people, coming to the United States was the only way to reunite with their families, to earn a living, or to escape from the threat of imminent violence.

However, the immigration laws in Leesburg and the United States are clear in mandating removal (formerly called deportation) proceedings against any person in the country without authorization. These include people who never obtained a visa or those who have overstayed their prescribed length of stay.

Even so, every person has the right to plead their case in court as to why they should remain in the United States. A Leesburg removal defense lawyer can help individuals understand their rights when facing a removal case and to develop a defense that may allow them to stay in the U.S.

When Might the Government Move to Remove a Person?

The immigration laws in the United States are strict. No noncitizen may enter the country without authorization. In addition, even people who obtain visas must immediately return home upon the expiration of that visa. Any person who violates these laws may be subject to immediate removal.

However, this does not mean that these people do not have due process rights under the law. Courts must follow the United States’ removal process, which requires law enforcement to have probable cause to make an arrest and to hold a hearing to determine whether the government has the right to send a person to their country of origin. Furthermore, all individuals have the right to legal representation at their own expense during these sessions. A Leesburg removal defense attorney can provide more information about why the government is seeking removal and can work to develop an effective defense.

What Facts May Allow an Individual to Avoid Removal

The removal session in immigration court is a person’s opportunity to argue as to why they should remain in the United States. These defendants must understand their specific situation as well as the immigration laws to proffer a potent defense.

The first line of defense is often that the respondent (what the noncitizen is called in removal proceedings) is not subject to removal. These people can prove to a court that they are a United States citizen, a lawful permanent resident, or that they are in the United States on a valid visa. A Leesburg removal defense attorney can help  gather the evidence necessary to establish a person’s right to be in the U.S.

Another potential defense available to any person who wishes to remain in the U.S. is that returning to a home country will place that person at an immediate risk of harm. To achieve this goal, individuals must qualify under the United States’ asylum program. To obtain asylum, respondents must be able to prove that a return home will place them at a significant risk of violence because of their:

  • Political affiliations/opinions
  • Race
  • Religion
  • Sexual orientation
  • National origin/ethnic group

The court will consider every application for asylum on an individual basis. This means that people claiming asylum must present specific evidence to the court as to how they have been the target of violence in the past or how certain government policies form a threat to their wellbeing in the future. A Leesburg removal defense lawyer can help to choose a defense strategy that can help to defeat or at least delay an imminent removal.

Reach Out to a Leesburg Removal Defense Attorney Immediately

The laws that control immigration to the United States are strict. Regardless of a person’s country of origin, they must have permission to enter and remain in the country. Any person who enters the United States without a visa or who overstays their allowable term is subject to arrest and removal.

However, removal is not immediate after arrest. All people have due process rights that includes the chance to argue as to why they should not go back to their home country. A Leesburg removal defense lawyer can help to make this case in court. An attorney may argue that the arrest was a mistake, that the respondent has legal status in the U.S., or that they qualify for an immigration benefit, perhaps under the asylum program. Contact a lawyer today to see how they might be able to help.