Immigration Lawyer for Deportation
If you are facing deportation proceedings in the Los Angeles or greater West Covina area, it is crucial to understand the role of an immigration lawyer in the process. Deportation can have severe consequences for both the individual facing removal and their family, and it is essential to have an experienced attorney by your side to navigate the complex legal system. In this article, the Law Firm of Oscar Ischiu, Esq will discuss the role of an immigration lawyer in deportation proceedings, and why it is essential to have representation during this difficult time.
Understanding the Deportation Process
The deportation process, also known as removal proceedings, is the legal process by which the United States government can remove a non-citizen from the country. The process begins when the U.S. Department of Homeland Security (DHS) issues a Notice to Appear (NTA) to the individual, which serves as the formal charging document in deportation proceedings. The individual then has the opportunity to defend themselves in front of an immigration judge, and potentially apply for relief from removal. The deportation process can be complex and overwhelming, which is why it is essential to have an experienced immigration lawyer by your side.
The Role of an Immigration Lawyer
An immigration lawyer plays a crucial role in deportation proceedings by representing the individual in front of an immigration judge. The attorney’s role includes:
- Reviewing the individual’s case and identifying any potential defenses or grounds for relief from removal
- Preparing and submitting any necessary applications or petitions, such as applications for asylum or cancellation of removal
- Representing the individual in court and advocating on their behalf
- Communicating with the DHS and other government agencies on the individual’s behalf
- Providing the individual with guidance and support throughout the process
Why Hire an Immigration Lawyer in Deportation Proceedings?
Hiring an experienced immigration lawyer can greatly increase the chances of success in deportation proceedings. An attorney can provide the individual with a comprehensive understanding of the legal system and the different options available to them. An attorney will also be able to identify and pursue any potential defenses or grounds for relief, which can result in a positive outcome for the individual. Furthermore, an attorney can provide the individual with the support and guidance they need during a difficult and stressful time.
Preparing and Submitting Applications and Petitions
One of the most important roles of an immigration lawyer in deportation proceedings is preparing and submitting any necessary applications or petitions on the individual’s behalf. Examples of these include:
- Applications for Asylum: An individual may be able to apply for asylum if they have suffered persecution or fear persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. An immigration lawyer can help the individual prepare and submit a credible and persuasive asylum application, as well as represent them in an asylum interview and in court.
- Cancellation of Removal: An individual may be able to apply for cancellation of removal if they have been living in the United States for a certain number of years, have not been convicted of certain crimes, and can demonstrate that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or legal permanent resident spouse, parent, or child. An immigration lawyer can help the individual gather and present the necessary evidence to meet the eligibility criteria and demonstrate the hardship they would face if removed from the United States.
- Adjustment of Status: An individual who is married to a U.S. citizen or has a close family member who is a U.S. citizen or legal permanent resident may be able to apply for adjustment of status to become a legal permanent resident themselves. An immigration lawyer can help the individual prepare and submit the necessary forms and documentation, and represent them in an interview with U.S. Citizenship and Immigration Services (USCIS).
- Waivers: An individual may be ineligible for certain forms of relief from removal because of prior immigration violations or criminal convictions. An immigration lawyer can help the individual apply for waivers of inadmissibility or deportability, which may allow them to overcome these bars and be granted relief.
Representation in Court
Another crucial role of an immigration lawyer in deportation proceedings is representing the individual in court. An attorney can help the individual understand the charges against them, the legal standards and procedures that apply, and the potential consequences of a removal order. An attorney can also cross-examine witnesses, present evidence and testimony, and make legal arguments on the individual’s behalf. Furthermore, an attorney can also make appeals if necessary and provide guidance through the process.
Communicating with the DHS and Other Government Agencies
An immigration lawyer can also communicate with the DHS and other government agencies on the individual’s behalf. This can include requesting documents or evidence, requesting continuances or administrative closures, and negotiating with the government attorney. This can be a complicated and time-consuming process, but an attorney can streamline the process and help the individual obtain the evidence and relief they need.
Best Immigration Lawyer in West Covina
Deportation proceedings can be a complex and overwhelming process, but an experienced immigration lawyer can provide the support and guidance you need. An attorney can help you understand the process, prepare and submit any necessary applications or petitions, represent you in court, communicate with the government, and increase your chances of success in the process. The Law Firm of Oscar Ischiu, Esq has the experience and knowledge to guide you through the process, call us today to schedule a consultation. We serve the Los Angeles, West Covina and Greater area and are dedicated to protecting your rights.