What You Need to Know about Deportation

For many immigrants and their families,
deportation is a frightening word and for good reason -- there are no
negotiations or pleas involved, as there are in other areas of law. While
facing the possibility of deportation is, without a doubt, daunting, it's
important that you understand your rights and the necessary steps to take to
avoid the process and stay in the country for as long as possible. 

Why Individuals Face Deportation

Individuals generally face deportation for
one of two reasons:

1. Being
in the country illegally
- This includes being in violation of
immigration laws, which can occur when you overstay your visa, have false
papers, fake a marriage or simply enter the country illegally.

2. Committing
an illegal act
- These acts include aggravated felonies, drug-related
crimes, weapons possession, sexual offenses, fraud convictions, theft
convictions, domestic violence and crimes of moral turpitude. Also, you can
still face deportation even if the conviction happened in the past.


How to Fight a Deportation Case

While fighting a deportation case can be
challenging, there are actions that individuals can take to help maximize their
chances of success. You need to be well prepared to fight your case and provide
solid reasons that the judge should allow you to remain in the U.S.

  • Consult with an experienced immigration attorney: Because immigration law is complex, it is crucial that you consult
    someone with in-depth knowledge of the field and deportation attorneys
    can provide that. An experienced immigration/deportation attorney can review
    the specifics of a case and help you to examine your options. At McGregor &
    Oblad we are dedicated to assisting individuals who are facing deportation and
    representing them throughout the process.

  • Have documentation ready:
    Documentation serves as evidence and supports your assertion that you should be
    allowed to stay in the U.S. Such documents include your income information,
    criminal record and marriage certificate, all of which can make a world of
    difference in your case. The purpose of these documents is to prove that you
    are an individual of good moral character, as well as decent legal and
    financial standing.

  • Know what factors an immigration judge will take into account: An immigration judge will carefully examine your case before making
    a decision as to whether or not you can stay in the U.S. Things the judge will
    take into account include how long you've lived in the U.S. (with or without a
    green card), if you have any immediate family members who are U.S. citizens or
    green card holders, your employment history, tax payment history, and your
    involvement in the community.

Can I appeal a deportation?

Even if you are convicted and are set to be
deported, you may still be able to appeal your case. You can do this by
appealing to the Board of Immigration Appeals. If the BIA rules against you,
you can appeal the case to your local federal appeals court. It's important to
note that appeals can take a long time, so the best thing that you can do is to
move quickly if deportation seems immanent and seek legal guidance from an
immigration attorney immediately.