Once deported, it can often prove challenging for an immigrant to gain the legal right to re-enter the country. It is because of this, it is important to fight a deportation. How you fight the deportation depends on the details of your case. If you are facing deportation, here is what you need to know.
Why Are You Being Deported?
Obviously, if you are facing deportation, you are not legally in the country. However, there are different classifications for unauthorized people and that could impact whether or not you can successfully fight off a deportation order.
For instance, if you had a green card and overstayed, you might be able to request an extension and a change in your status by taking a few steps.
To determine the best course of action, find out the exact reason for the deportation from the U.S. Citizenship and Immigration Services, or USCIS. Once you know, you can take action.
What Can You Do?
Your options for fighting the deportation order are determined by the reasoning for the removal. If you did overstay your green card or visa, you can ask for an adjustment of your status. In order to qualify, you need to show there is just cause for the adjustment.
For instance, if you recently married a U.S. citizen, you can ask that your visa or green card be re-approved based on your marriage. To receive the adjustment and be allowed to stay, you will have to take such steps as proving that your marriage is legitimate and that your spouse is willing to provide financial help if you need it.
If you are being deported due to a criminal issue, whether or not you can successfully fight the deportation order depends on how your case is settled. If there is not a final judgment in the criminal matter, you need to settle it first. If you are found innocent, your chances of having the order removed improve.
However, if you are found guilty, it is very likely that you could face deportation. The degree of your crime plays at major role at that point. If it is a misdemeanor, you have a better chance of fighting the deportation than if it is a felony.
The best way to protest a deportation order is to work with an immigration attorney. He or she can help you create a strategy based on the details of your case and the law to possibly avoid or delay a deportation. Visit http://gomezmaylaw.com/ for more information.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.