Maryland LGBTQ Deportation Defense Lawyer
A Maryland immigration lawyer with a lesbian, gay, bisexual, transgendered, or queer (LGBTQ) client facing deportation can call on several different strategies to help prevent their client’s removal. Many members of the LGBTQ community know that they may be able to seek asylum, but they are not always aware that if asylum is denied, other options remain available.
When you work with a Maryland LGBTQ deportation defense lawyer, you may be able to fight to protect your rights while you work together toward your goals. An experienced attorney can provide not only guidance but also representation throughout the process.
Removal Proceedings
The process that most of us think of as deportation is now referred to by the U.S. government as “removal.” Those subject to removal usually have the chance to present arguments on their behalf, often through an immigration lawyer.
Generally, the case will be heard before an immigration judge in immigration court. The government will bear the burden of proof to show that an individual is removable, and that individual may present evidence to refute the allegations of removability or argue that they should be granted relief from removal. After the judge renders a verdict, there may be opportunities to appeal an unfavorable decision with the Board of Immigration Appeals and in federal court.
Forms of Relief That May Be Available
Even when someone who is subject to deportation proceedings is unable to demonstrate that they do not meet the standards for removability, they may be able to receive various forms of relief from removal. Options a Maryland LGBTQ deportation defense lawyer may pursue include seeking:
- Asylum due to fears of persecution for being a member of the LGBTQ social community;
- Asylum due to fears of persecution for political beliefs regarding LGBTQ issues;
- Withholding of removal under Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. §1231);
- Withholding of removal under the Convention Against Torture;
- T nonimmigrant status
- U nonimmigrant status
- Deferred enforced departure
- Adjustment through spouse
Not every option will be available to all applicants, but an experienced deportation defense lawyer in Maryland will make use of the applicable options to fight removal.
Asylum Based on LGBTQ Identity
In many countries, members of the LGBTQ community face persecution for their sexual orientation. They may also face danger for expressing political beliefs in support of LGBTQ rights. Both factors can provide grounds for a grant of asylum.
The U.S. government may grant asylum to individuals if they are likely to face persecution on the basis of membership in a particular social group, race, nationality, religion, or political opinions. Demonstrating the dangers an individual may face if deported can be a challenging task, but it is a job which experienced immigration attorneys understand very well.
Work with an Experienced Maryland Attorney
An attorney can review the circumstances to determine whether you may be eligible to seek asylum, and then oversee the process of applying for asylum, including preparation of evidence to support the claim. The U.S. government takes a dim view of frivolous asylum applications, so it is wise to apply only if you are reasonably certain that you qualify.
When you work with an experienced Maryland LGBTQ deportation defense lawyer who can be your legal advisor and can ascertain which forms of relief will be appropriate under your unique set of circumstances your chances to avoid removal are improved. In addition to providing advice and counsel, your attorney can argue on your behalf and stand by your side throughout the process, fighting to protect your rights. For a case evaluation to learn more about your options, call now.