Possible defenses to deportation of an undocumented alien
A deportation attorney is very important for you to have if you will be in removal proceedings.
This is where the government wants to deport you.
The deportation attorney will be able to inform you that the Immigration Judge and/or the trial attorney representing the Department of Homeland Security is not your friend.
They do not want to help you and they do not want you to stay in the U.S. Brian D. Lerner, deportation attorney explains how you are just another number on a file for them and to issue a deportation order or to get you to voluntarily to agree to leave is no skin off their back and simply decreases their load of cases that never end.
In fact, it is only the deportation attorney that can really help you.
The U.S. immigration laws permit you to have representation in Immigration Court and permit the deportation attorney to fight for you and to prepare the necessary defenses to help you.
Thus, at the beginning, assuming that you are found deportable, it would be up to the deportation attorney to try to find some relief you might be eligible for under U.S. immigration laws.
Brian D. Lerner, deportation attorney, suggests that you find a deportation attorney that is a certified specialist in immigration law and has been doing immigration law for years.
In fact, Brian Lerner suggests that you make sure that even though the deportation attorney has been in business for many years that you confirm that deportation attorney has years of experience representing persons in Immigration Court.
This is not for the deportation attorney just starting or one that is doing this part-time.
Rather, to properly help you and to give you the best chance of success, you will want the deportation attorney to be a qualified and seasoned expert in Immigration Law.
Now, assuming that the Immigration Judge has determined that you are removable, there is one form of relief you might qualify for which is known as cancellation of removal for non-permanent residents.
This is not for people who have had their green cards.
Rather, it if for people who are inside the U.S. illegally.
The Law Offices of Brian D. Lerner, explains that there are several requirements to at least initially qualify for the Cancellation of Removal for non-permanent residents.
First, the deportation attorney states that you must have 10 years of physical presence inside the U.S.
This sometimes means, explains the deportation attorney, that if you have been served with the Notice to Appear 9 years and some months after entry to the U.S., or if the allegations on the Notice to Appear are unclear or inaccurate as to when you entered the U.S., you might have to have a contested hearing on the allegation of when you entered the U.S., or might need to request to be ‘repapered’ with the Notice to Appear so that you meet the 10 year requirement.
Brian D. Lerner, deportation attorney, goes on to explain that the next item to show is that you have good moral character.
There, are different ways of showing this explains the deportation attorney, but primarily you need to have a clean criminal record. Irregardless, it is still possible to apply for this form of relief if you have a criminal record if the proper arguments are made.
Additionally, the deportation attorney explains, you might be able to either get under the petty offense exception, or do criminal relief to try to erase the conviction from your record or reduce it so that you are not considered to be an aggravated felon.
The third requirement, and many times the most difficult requirement is that you have an immediate relative who is a U.S. Citizen who will suffer extremely severe and unusual hardship if you are deported.
This is both an ambiguous and difficult element to prove.
Brian Lerner, deportation attorney, will try to get all medical documents, psychological reports, expert testimony and most other relevant documents to make the case succeed.
First, the deportation attorney will place all necessary legal arguments and the documentation into a package to be submitted to the Immigration Court and served on the opposing party.
At a later point, there will be a trial.
It is the trial when the deportation attorney will do what is necessary to put you on the stand, get relevant testimony, put children on the stand, parents and other people to show qualification, hardship and good moral character.
After the trial, the Immigration Judge will make a decision on the case explains Brian D. Lerner, the deportation attorney.
Sometimes the decision will be read in open Court, and other times, elaborates the deportation attorney, the decision will be set for another day to be read and other times, it could be sent to the deportation attorney.
If you lose the Cancellation of Removal for non-permanent residents, then you would have to appeal.
However, the deportation attorney makes clear that if it is only the ‘discretionary’ decision you are appealing, you will not win.
Brian D. Lerner presents the case in such a manner that if it does go up on appeal, the deportation attorney can properly show many other items to appeal, such as abuse of discretion, violation of different constitutional principles among many other items that must be appealed if necessary.
However, it is the deportation attorney who wants to win at the first stage and to get you to stay in the U.S. If the deportation attorney is successful, Brian Lerner explains that you will then be considered to be a lawful permanent resident and will receive your green card at some future point in the mail.
Thus, the deportation attorney concludes that Cancellation of Removal for Lawful Permanent Residents is not easy and requires years of experience and dedication to know how to put togethera good Cancellation case.
However, if done properly and argued correctly, you can win and get the Green Card through the hard work of the deportation attorney