In 2013, a record 438,421 unauthorized immigrants were deported from the United States of America, and the streak continues to grow. If the U.S. Citizenship and Immigration Services (USCIS) decide that you should be deported, you will receive a notice of deportation. There are over 50 possible reasons why you may be deported from the country: including the fact that you may not have entered U.S. legally, you may have committed a crime or your visa or green card has expired. If you have received a notice of deportation, contact a deportation lawyer immediately, and you may still have the chance to appeal the order.
Disputing the Grounds of a Crime
If you or your deportation lawyer can convince USCIS that you are innocent of the crime that you are charged with, then you may be able to appeal the deportation order. If you pled guilty to the crime, you may be able to argue that you did so in order to risk being convicted or charged with something that is considered more serious; however, if you were convicted of a crime, appealing the deportation order becomes a lot more difficult. You may be able to appeal the order on the grounds of how and why the crime was committed.
Requesting for a Waiver
If your visa expired, then your deportation lawyer may be able to help you request a waiver. A waiver is typically only granted to those who have resided in the U.S. for a minimum of 10 years, or if the deportation would severely impact the livelihood of one's family. Keep in mind that the family members must be U.S. citizens.
If you have a green card, but stay in the U.S. for less than 6 months every year, your green card may also be rendered ineffective. To prevent having to request for a waiver or facing deportation at a later time, you want to make sure that you stay within the country for a minimum of 6 months every year. If you already know ahead of time that you will be leaving the U.S. for a prolonged period of time, you should consult with a lawyer about filing a reentry permit. A reentry permit will allow you to be absent from U.S. for up to two years.
Taking Your Appeal to a Higher Court
If USCIS rejects your appeal, then a deportation lawyer can still help you fight the decision by taking it up with the Board of Immigration Appeals. If your appeal is still rejected, then you may be able to take up the appeal with the U.S. Court of Appeals. If you plan on taking your appeal to a higher court, hiring a deportation lawyer will become a necessity.
If worse comes to worst, your deportation lawyer, like someone from the Law Offices of Ron A. Kamran, may recommend that you leave the country voluntarily instead of getting deported out because the deportation will not go on your record. As a result, you may have a chance in the future to reenter the U.S.