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Why You Need a Deportation Lawyer for Your Deportation Proceedings

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Deportation of Immigrants from the United States.

Deportation is the act of removing an alien or foreign national from the United State for violation of a number of criminal or immigration law. Deportation is a legal proceedings, and the alien or foreign national who is facing deportation has rights prior to being deported from the country. Aliens undergoing deportation proceedings are usually defended by deportation lawyers. Deportation lawyers usually advise their clients on all the possible methods to legally avoid deportation. They help their clients with all the details of the procedure of the deportation hearing.

Legal Reasons for Deporting a US Immigrant

A United State immigrant may be deported for several reasons, some of the reasons are

  • FAILURE TO OBEY THE TERMS OF THE VISA: As a non-immigrant with a visa, different conditions apply to your stay. A violation of any of the conditions makes you deportable. A very common mistake made by visitor visa holders is overstaying their allotted period of stay in the U.S. 6 months maximum stay at any one time in the U.S. If you are visiting your friends or family in Springfield, Arlington, or Alexandria VA on a visitor visa you must depart prior to the date specified by a Customs and Border Protection (CBP) Officer upon your arrival in to the United States at the Airport or the 6 months standard stay on most visitor visas.
  • COMMISSION OF CRIME: Certain crimes may make an immigrant become deportable from the US. Examples of such crimes are; domestic violence, document fraud, smuggling of aliens, drugs, trafficking of firearms, terrorism, espionage, money laundering, fraud, terrorism, sabotage, classic serious crimes like rape, murder, and any other aggravated crime. If an immigrant is convicted for a crime, the court may classify it as a misdemeanor against his state. However, the immigration authorities will make their own judgment regarding how the crime contravenes immigration law. If it does, such an immigrant becomes deportable from the US. If you have been charged and found guilty of a crime relating to marijuana or other drugs at Arlington, Alexandria, or Fairfax County General District Court you may be deportable by Immigration and Customs Enforcement (ICE) under the Department of Homeland Security.
  • VIOLATION OF IMMIGRATION LAW: Any immigrant who violates the US immigration law becomes deportable from the US. Such violations may include; Help in smuggling an alien into the US and participation in fraudulent marriages.
  • RECEIVING PUBLIC ASSISTANCE: An immigrant or green card holder can become deportable if he demands for public assistance. It is a violation of the immigration law for an immigrant or green card holder to become a public charge. That is rely on need-based government assistance.
  • FAILURE TO ADVISE THE USCIS OF CHANGE OF ADDRESS: It is a crime for US immigrants if they fail to notify the United State Customs and Immigration Services of a change of address within ten days of changing address.

The mistake most immigrants often make during proceedings in the immigration court is the belief that the judge will help them if they tell a sympathetic story. However, immigration Judges usually act in an impartial manner. That is he/she must consider the argument of the immigrants and that of the department of Homeland Security Attorney before making an objective decision on the case. The immigration court for Virginia is located in Arlington at 1901 South Bell Street, Suite 200. Arlington, VA 22202.

If an immigrant is taken to court for a deportation case – Either because he is in the United State without authorization or involved in a felony after obtaining a green card, such immigrants must have good reason why they shouldn’t be deported. This why they need deportation lawyers to help them present their case in the immigration court. Contact your local deportation lawyer in your area minutes from or in Alexandria, Springfield, or Arlington Virginia to represent you in your deportation proceedings at Arlington Immigration Court.

How a Deportation Lawyer May Help Immigrants Present Their Defense

The deportation lawyers will spend time discovering whether the Department of Homeland Security’s (DHS) charge against the immigrant is correct before the actual hearing commences. Also deportation lawyers will check if there are circumstances in the life of the immigrants that will warrant defending them. Due to the complexity of the immigration law, these possibilities may not be lucid to an immigrant even after reading the immigration severally. The deportation lawyer can present your case in the following way;

• Argue that the charge against you is not correct and doesn’t match any grounds for your deportation from US.

• He can also argue that the immigrant facing deportation is qualified for asylum as there is possibility of facing prosecution if he returns back to his homeland.

• He can also ask the judge to give the immigrant a green card due to the fact that he is either an immediate relative to a US citizen or a preference relative with a priory date and available visa number.

• Deportation lawyers can also present an application on behalf of their clients facing deportation. This application is directed towards canceling the deportation of the immigrant on the grounds of good character and has spent a reasonable number of years in the US with close ties. This will qualify the immigrant for a green card.

• Deportation lawyers can also file a package requesting for Prosecutorial Discretion (PD) with the Office of Chief Counsel – the prosecuting attorney representing the Government in the deportation proceedings. This is a request to consider a person’s circumstances and the severity of the consequences on the person and his US citizen or permanent resident family if the person is deported from the US.

Even if immigrants think they are qualified to defend themselves, deportation lawyers can help can help them present a very strong argument. The lawyers help immigrants fill form, prepare exhibits, draft legal briefs arguing the case and prepare the immigrants and prepare the immigrants and any of their witnesses for the court hearing.