U.S. Laws Regarding Deportation

Posted on the October 7th, 2013 under Legal Guides by admin

When an immigrant is removed from the U.S. forcefully, it is known as deportation. The United States Immigration and Customs Enforcement handles deportations and those who are facing this act often require the services of an immigration attorney.

If you are being deported, your only hope may be an attorney. Being a good person or simply living as you should will not be enough to save you from being sent out of the country. An immigrant’s right to live in the United States is governed by a number of different factors. Violating any rules or laws pertaining to your legal residence in the country could be grounds for deportation. If you are apprehended because you have violated immigration laws, you will have the right to defend yourself but you cannot hope to provide this defense yourself.

It is important that you remain in the country while your deportation case is underway. Leaving will not erase the charges against you and could result in your being permanently prohibited from reentering the country. In any case, you will find that your lawsuit is waiting for you when you do return. You can request voluntary departure which simply means that you voluntarily leave the United States on your own but this should only be done if you are not planning to defend yourself. Voluntary departure will certainly grant you leave but you should only choose this option when you have failed at all attempts to fight deportation.

If you do choose to leave voluntarily, you will have 120 days to do so. Remember however, that if you do not defend your legal right to live here, you may not be permitted to return to the United States when you do choose to leave voluntarily. You may have to wait several years before you return or you could be denied admittance altogether.

You can also request a cancellation of removal which is a valid option for those who have lived in the country for many years. If you have permanent residence status then you have the right to seek cancellation of removal provided your criminal record is clean. Ultimately a judge will have to decide if you can stay. There are a number of factors that will be considered however including your personal character, the length of time that you have lived legally in the United States, your employment history and any family ties that you have to this country.

If you feel that returning to your country of origin will pose a danger to you and you can show proof of this, you could seek refuge. For instance, if you can show that on returning to your home country you will be persecuted because of your religious beliefs or other reasons, you may be able to remain in the country. You will need to contact an attorney no matter how you plan to defend your privilege of staying in the country. An immigration attorney will be able to help you to determine the best plan of action and could potentially help to keep you from being deported.

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