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Important Details That Will Help You Win an Immigration Case

| March 08, 2021, 06:19 PM

Dealing with an immigration case can be quite overwhelming. However, equipping yourself with the right information will help you understand how the legal process works. After that, you can take the steps necessary to prepare yourself and strategize a legal way to win your immigration case. It is only through winning your immigration case that you can protect your rights to continue staying in the United States.

For most folks, getting notified to appear for a deportation hearing may feel like all hope is gone-which is not necessarily the truth. The Department of Homeland Security could be trying to remove you from the United States of America under the US immigration laws, but you don’t have to despair. You can still plan and organize yourself well with the right information and eventually win the case.

So, are you facing an immigration case and wondering what’s to do? Let’s highlight important details that will help you win an immigration case.

1. Consult a Reputable Immigration Attorney

Frankly, you will require the assistance of an experienced immigration attorney to win an immigration case. This is whether you are a permanent or nonpermanent citizen. For noncitizens who entered the US as children, the immigration lawyers at Beles & Beles say that deportation can be delayed or postponed for up to two years, thanks to the deferred action laws. A reasonable attorney will help represent your best interests in court proceedings.

When your case is presented before the immigration judge, this means that the government is charging you with removal or deportation. Also, don’t forget, the government will also be represented by a trial attorney who has appeared in countless such immigration case proceedings. So, it is  crucial that you also have an excellent immigration defense attorney-the best you can find to represent your case and defend your rights.

2. Adjustment of Status

By adjusting your status, you can remain permanently and lawfully in the United States. However, an adjustment of status only applies to individuals who come to the US legally. So, if you are summoned to an immigration court trial and the case could lead to your deportation, you could still be eligible to remain in the US by adjusting your status. You just need to consult an immigration attorney promptly to start the adjustment of the status process immediately. The following are some of the scenarios whereby an adjustment of status applies:

  • Marriage
  • Current family-based petition
  • Current employer petition
  • One year after asylum is granted

3. Request Any Available Relief from Removal/Deportation

Several forms of relief from deportation are available for individuals from certain nationals. So, when facing deportation threat in an immigration case, you definitely need to know the removal reliefs available for you and then build a strong case to ask for it. Examples of these options include:

  • Inadmissibility waiver
  • Removal cancellation for certain residents, permanent or nonpermanent
  • Asylum
  • Withholding of removal

Nonetheless, each of these relief options has their own kind of requirements criteria and are not available for everyone. If you are convicted of terrorism or an aggravated felony, for instance, no deportation relief is going to apply in your case. You will just be deported.

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4. Asylum and Withholding of Removal

If you are a foreign national in fear of persecution in your home country, you can apply for asylum in a foreign country to avoid deportation. Here, you convince the immigration judge that it’s not safe for you to get deported since your home country has persecuted you. You should explain to the immigration judge that you fear another future persecution. Also, through the withholding of removal, it will be unlikely for your government or your origin country to persecute you under any one given protected grounds whatsoever.

5. Filing an Appeal

Sometimes, despite your efforts of defending your right to stay in the US, you may be ordered to leave. However, as long as you haven’t asked for a voluntary departure, there is still hope. You can file an appeal to the Board of Immigration Appeals as soon as possible within 30 days after the immigration judge’s removal ruling. That way, you have some time to remain in the US on a pending appeal while organizing a strong defense for your immigration case for the second time.

Immigration cases can be challenging and quite complex. In most cases, winning one is almost impossible without a strong legal defense. Hopefuly this has shed some light on how you can go about it and actually win the case.

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Category: Local News, NEWS

About the Author - Stephanie Maris

Stefanie is a local blogger and social media content marketer from Maryland and most recently a wife and a mother. She has an unhealthy obsession with puns, sarcasm and caffeinated beverages.

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