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Learn about the tools an experienced deportation lawyer uses to challenge deportation and when to contact a deportation attorney.
This guide to removal proceedings will explain when to call a deportation lawyer and the ways a deportation attorney can prevent your removal from the United States.
If you are facing deportation or fear deportation for any reason, reach out to Din Law Group for a free and confidential consultation with an experienced immigration attorney.
Asma Din has extensive experience representing clients as a deportation lawyer. She has the strong litigation and negotiation skills required for any deportation defense case.
As the daughter of Pakistani immigrants, Din also understands the stress and uncertainty you may feel while seeking legal status in the United States.
The legal team at Din Law Group in Texas can examine your deportation case and the basis for your removal orders to find the best form of relief and the best removal defense.
You should contact an experienced deportation lawyer as soon as possible if you are in the United States without legal status, especially if you have been placed in removal proceedings.
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An experienced deportation attorney will know which path will work best to help you legally avoid deportation.
Which option your deportation lawyer uses will depend on your individual circumstances. Skilled deportation lawyers are resourceful and have a comprehensive knowledge of U.S. immigration law.
If you are facing removal proceedings, your deportation lawyer may use any of the following tools to help you.
Your deportation lawyer may believe that you qualify for defensive asylum if you have a genuine and credible fear that you may face persecution if you return to your home country. You may qualify for asylum and avoid deportation if your persecution would be because of your race, religion, nationality, membership in a particular social group, or political opinions.
If you tell an immigration official that you want to apply for asylum, they will conduct a Credible Fear Screening. You may be granted asylum through that screening, but if the officer doesn’t grant you asylum, you could still qualify for asylum another way. Your deportation attorney may help you request defensive asylum in front of the Executive Office for Immigration Review (EOIR).
If you face removal, a skilled deportation lawyer will ask you questions to see if you may qualify for U nonimmigrant status or T nonimmigrant status. These questions may feel invasive, but your answers are confidential and may help you avoid deportation. These special nonimmigrant statuses are also known as U visas and T visas, and they’re only available for victims of certain crimes.
Your deportation attorney will explain the specific eligibility requirements for each after reviewing your circumstances. It’s important that you trust your attorney, even if it’s difficult to talk about your past experiences.
VAWA Cancellation of Removal is a tool available to deportation lawyers because of provisions in the Violence Against Women Act (VAWA).
The federal law allows for a waiver to be granted to certain immigrants in removal proceedings if they experienced abuse by a family member who could have acted as their sponsor on an immigrant visa.
To qualify for VAWA Cancellation of Removal, the immigrant must meet several requirements, but this is an option often overlooked by less experienced deportation attorneys.
If your attorney asks you whether you have been abused by a family member who is a green card holder or U.S. citizen, it’s important to answer truthfully. Remember your consultation is confidential and your deportation lawyer at Din Law Group will never let your family member know what you’ve said.
The Convention Against Torture prevents noncitizens from being returned to their home country if they would likely face torture if they were deported. This is an important form of immigration relief available to noncitizens who don’t qualify for asylum, U visas, or T visas, but who would be in danger if they were deported.
Withholding of Removal is similar to asylum, but its protection is less certain. It doesn’t offer a permanent solution to staying in the United States, but it can prevent deportation indefinitely. It is available to people who can’t apply for asylum. It’s not ideal, but if you’d be in danger if you were deported and don’t qualify for asylum, it may be your safest option.
If allowing you to stay in the U.S. preserves limited resources without a risk to the U.S., an Office of the Principal Legal Advisor (OPLA) attorney may choose to not pursue deportation. Keep in mind, if you are given prosecutorial discretion relief, you would gain no immigration benefits other than relief from removal proceedings and possibly permission to work in the United States.
This pathway to avoiding deportation isn’t ideal, but it could be a viable option depending on your circumstances. Your deportation lawyer may discuss this option with you if other pathways of removal defense are exhausted.
If your deportation attorney can’t find a solution for you to legally stay in the United States, she may suggest that you apply for voluntary departure. This means that you won’t have a deportation on your record, but you would still have to leave the United States. Without a record of deportation, your chances of being allowed into the United States on a visa in the future are greater.
Obviously, this is a last resort and not the choice most immigrants want, but a deportation lawyer’s job is to look out for your best long-term interests. In some cases, voluntary departure is the best choice for those wishing to one day make a stable life in the United States.
If you are facing removal proceedings or fear deportation, you need a deportation attorney with a proven record of success.
Asma Din has a reputation in the DFW area for her extensive knowledge of U.S. immigration law and her smart, resourceful application of it.
If you want a deportation lawyer with strong litigation and negotiation skills to ensure you experience the best possible outcome, contact Din Law Group today for a free consultation.
At Din Law Group, PLLC, our practice is exclusively dedicated to immigration law. We have extensive experience assisting our clients with complex issues related to family-based immigration, asylum, naturalization, immigration bond hearings, and removal defense.
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