Understanding And Preventing Deportation
Deportation proceedings are a living nightmare for many. After all, what hope does an individual or their family have in fighting such government agencies as the U.S. Department of Justice (DOJ) or U.S. Immigration and Customs Enforcement (ICE)? For many, there is the real possibility that they are being sent to countries in which they haven’t lived for many years. Moreover, families often migrate or live in the U.S. together, which means that the defendant may not even have family or a home to be sent back to.
Still, the U.S. government will seek to deport the defendant. The DOJ, which oversees ICE, assigns a judge to oversee the deportation proceedings. These matters are complicated, and the stakes are high. The guidance of an experienced immigration law attorney with litigation experience can be essential. In Miami, the attorneys at Rotella & Hernandez, LLC, understand all the complexities of immigration law and can navigate the court system effectively.
Reasons Why Immigrants Might Be Threatened With Deportation
Immigrants may face deportation for a multitude of reasons. For documented immigrants, threats of deportation can arise from violations such as overstaying a visa, failing to adhere to the terms of their admission or committing certain crimes. Undocumented immigrants, meanwhile, may be deported simply for lacking legal status in the U.S. Engaging in fraudulent activity, posing a security threat to the country and committing a crime can also result in deportation proceedings.
Is It Possible To Prevent Deportation?
The prospect of deportation is terrifying, but there are several tactics that may prevent this harsh outcome. The alternatives include:
- Adjustment of status
- Asylum
- Cancellation of removal for permanent residents
- Cancellation of removal for nonpermanent residents
- Voluntary departure
- Withholding of removal
Immigrants need to remain informed about their legal rights. Moreover, some may qualify for various forms of relief, such as Deferred Action for Childhood Arrivals (DACA) for those who came to the U.S. as children. Being proactive and seeking legal counsel at the earliest opportunity can make a significant difference in the outcome of a deportation case.
Protecting Your Legal Rights During Deportation Proceedings
When facing deportation, it is essential to understand your legal rights and options. As deportation defense lawyers, we know that the stakes are high, and the process can be overwhelming.
During deportation proceedings, you have certain legal rights, including:
- The right to legal representation
- The right to a fair hearing
- The right to appeal
It is crucial to understand these rights and how they can impact your case. Our compassionate and skilled attorneys can help you navigate the legal landscape and offer guidance on how to exercise your rights effectively.
Ways To Build A Defense Foundation Via Case Preparation
Effective case preparation is critical in deportation defense cases. Our attorneys will work to gather evidence and develop a strategy to present to the immigration court. We can help you:
- Gather documents and records to support your case
- Identify and prepare witnesses to testify on your behalf
- Develop a legal argument to present to the court
By preparing your case thoroughly, we can help you present a solid and well-supported case. Our attorneys will work diligently to present your case in a comprehensive and professional manner.
Seeking A Fair Outcome By Filing Appeals
If you have received an unfavorable decision in your deportation case, you may be eligible to file an appeal. Our attorneys will help you navigate the appeals process, ensuring the protection of your rights throughout the process. We can help you:
- Identify grounds for appeal
- Prepare and file your appeal with the appropriate federal court or the Board of Immigration Appeals (BIA)
- Present your case to the federal court or the BIA
Remember, an appeal can be a powerful tool in pursuing a more just outcome. Our deportation defense lawyers are dedicated to helping you understand the appeals process, explore every available option and advocate for your rights.
Attorneys Play A Crucial Role
Immigration lawyers can help build a strong defense, file the necessary legal paperwork and represent the immigrant in court. Immigrants must act swiftly and wisely, and, armed with knowledge and the right support, they will be prepared to chart a course through the turbulent waters of the deportation process in Florida.
Contact Rotella & Hernandez Immigration and Family Law at 305-596-3618 or use our contact form page.