Can An Immigration Lawyer Help With My Deportation?

Deportation is a serious legal process by which an immigrant is in danger of being removed from this country due to violations of criminal or immigration law.  Under immigration law, they may also lose the opportunity to visit this country ever again.  Those who face such violations of immigration law are in need of help with deportation from an experienced immigration attorney.  This is a difficult aspect of immigration law, and an immigration attorney may provide help with deportation that can guide the alien through its far-reaching consequences.  Often, only an immigration attorney can provide the necessary help with deportation.

Deportation Charges

An alien can face deportation, or removal, under immigration law for a number of violations for which an immigration attorney can provide help with deportation.  Those violations charge that the alien:

• Previously entered this country contrary to immigration laws in effect at that time
• Is in this country in violation of current immigration laws
• Helped or encouraged other aliens to violate immigration laws
• Was a party to a fraudulent marriage to gain legal immigrant status
• Was convicted of criminal offenses which are against immigration law
• Endangered national security or public safety
• Voted unlawfully in violation of immigration law

Any immigrant who faces these charges should contact an immigration attorney to obtain help with deportation and clarify their options under immigration law.  An immigration attorney has the skill and experience to navigate this complex process effectively and help with deportation.

The Deportation Process

If immigration law enforcement officials believe that an alien has broken immigration laws, they issue a Notice to Appear to the defendant.  The alien should retain an immigration attorney to help with deportation immediately, as the defendant must appear before an immigration judge on the date listed on the Notice to Appear
The alien appears before the immigration judge and either brings their immigration attorney or is given time to retain an immigration attorney to help with deportation.  The alien responds to the Notice to Appear and the alleged violations of immigration law, consulting with their immigration attorney to obtain help with deportation charges found in the Notice to Appear.

• The alien can either accept the charges that they violated immigration law and allow the immigration judge to deport them, or their immigration attorney can help with deportation by advising them whether they are eligible to apply for any of the forms of relief from deportation.  Those forms of relief include:
• Voluntary departure, which is essentially an admission that they are guilty of violating immigration law, but without the stigma of actual deportation.  The alien usually has 120 days to leave the country or ask their immigration attorney to provide some alternative help with deportation
• Cancellation of removal, which is not appropriate for felony violations of immigration law, but may be available to aliens with long-standing residence, a consistent display of good character, and/or evidence that removal would be a serious hardship for them or their family.  An immigration attorney can help with deportation charges by presenting the case for this kind of relief
• Asylum for a resident alien whose immigration attorney can help with deportation by proving the alien would be persecuted in their home country
• Adjustment of status, which is available to aliens with temporary visas who are eligible for permanent residence and who would have a visa available immediately.  These aliens are often sponsored for permanent residence by a family member who has retained an immigration attorney to help with deportation.  This relief is not available to aliens with criminal records
• Motions to reopen or reconsider, which are generally filed by an immigration attorney providing help with deportation within 90 days, and then only when there is new evidence or errors have been found in a previous ruling  
• Stay of Removal, which generally occurs when the alien and their immigration attorney who is providing help with deportation is filing an appeal
• Judicial Review, which is usually a form of help with deportation filed in a court of appeals within 30 days of a decision to remove  

If the alien is eligible for any of those forms of relief, a court date is set for the alien and their immigration attorney to present their defense.  The immigration judges can then render judgment or submit a written judgment later.  If the alien is not eligible for any forms of relief, under immigration law, they are deported. 

If the alien is deported, they have 30 days to appeal before the Board of Immigration Appeals, a Court of Appeals, or the Supreme Court.  They can continue to depend on their immigration attorney to provide help with deportation throughout the appeals process.