How immigrants defend themselves against potential deportation

On Behalf of | Dec 1, 2022 | Immigration Law |

It could take years and multiple applications before someone secures a visa. There are limits to the number of different visas granted each year, leaving many people waiting indefinitely for their turn to enter the country. When you finally secure a visa, you may believe the worst is behind you.

Sadly, gaining the legal right to enter the United States is not the culmination of the immigration process. It is nearly one step on the path. Many individuals with the lawful right to enter and live in the United States end up removed from the country when their visas expire. In some scenarios, people will face immediate removal through deportation proceedings because of issues with their visas or criminal activity.

Those concerned about deportation have the right to defend themselves in court. A successful strategy might prevent your removal from the country. What are the most common deportation defense strategies people use?

Defusing claims of technical infractions

Sometimes, the grounds for removal from the country relate to claims that you missed crucial deadlines or did not provide adequate paperwork to support certain claims. Immigrants need to be very careful about all the paperwork they must submit and carefully track upcoming deadlines.

Internal mistakes at the United States Citizenship and Immigration Services (USCIS) could potentially lead to deportation issues when the immigrant actually remained compliant with all laws. Having someone present evidence to the courts that you submitted the necessary paperwork on time or otherwise complied with USCIS requirements may help you avoid removal.

Resolving the issue that affects your rights

Sometimes, the issue with your immigration status is because of a change in marital status or employment. There are special programs available for divorcing immigrants, and there are even rules that can help those who might lose their job despite having a work visa. Getting a new job shortly after losing one or filing certain paperwork as you prepare for divorce can help you avoid deportation.

Fighting back against criminal charges

Criminal allegations are among the top reasons that people face deportation from the United States. Any offense that will lead to a lengthy jail sentence could result in deportation. Felonies, violent offenses and crimes of moral turpitude can also all lead to deportation. Many people avoid the risk of deportation by defending against criminal charges that would affect their immigration rights.

Talking with a lawyer about the situation that may result in your deportation can help you review options to defend your ability to stay in the country.