When an immigrant is being deported back to their country, it does not only create confusion but also puts stress on the entire family. One wonders what will happen to the children, where one will go and whether looking for legal help would mean much. Removal proceedings are actually an emotional roller coaster, and one can only overcome it through the help of an immigration lawyer. If you’re a non-U.S citizen, you need to learn the removal process. This doesn’t matter whether you’re in the U.S legally, and your lawful status has expired, or you went there illegally. There is nothing that disheartens an immigrant that deportation or removal. But with the best defense strategy, your rights as an alien can be taken care of in the best way possible, and you may stop the deportation.

Which Defenses Can Be used To Stop Removal?

You may be facing removal proceedings because you either violated the United States immigrations law or your immigration petition application was denied. There are numerous ways in which one may stop removal. One of the main ways you can use witnesses is to help defend you against removal in immigration court. This could either be material or expert witnesses. The witness can testify on your behalf and help you improve your trustworthiness. In every cancellation of any removal case, the judge always looks for evidence of good character. With good morals, the judge may allow you to stay in the U.S rather than be deported. Also, you may get your removal case canceled by using the below four primary defenses. They include:

1. There was a defect in your Notice to Appear (NTA):  You NTA may lack the date and time of the hearing. With this, the immigration court cannot have any jurisdiction over your removal case. Another reason could be that the NTA was sent to the immigration lawyer only, and you never received your copy.

2. Request for asylum relief:  There are two ways you may obtain asylum, either through an affirmative or defensive process. You may opt for the affirmative asylum if you’re not placed in removal proceedings. Similarly, you can apply for a defensive asylum process if you have already been placed in removal proceedings. To get this relief, you must apply for it within one year of arriving in the United States. If you can prove that you have some fear from your country based on religion, race, or even political beliefs, you may have the below benefits:

• You may be able to obtain U.S. citizenship
• Right to work in the United States
• You may be granted covers for your loved ones, spouse, or kids if they are in the U.S.
• You may apply for asylum regardless of how arrived in the U.S. or the current immigration status. However, you need to note that you can’t get asylum if you were convicted of any crime. If your case is not approved, you may be referred to an immigration office in Chula Vista for review.

3. Withholding of removal: If you’re not eligible for asylum, you may request for this relief. The requirements for this type of relief are similar to asylum relief. Nevertheless, the burden of proof seems to be higher compared to asylum relief. As long as you meet the burden of proof, the immigration judge should grant you relief. However, one may be barred from withholding of removal of he/she committed a crime or is believed to pose a threat to the United States. Additionally, one may not be allowed to become a U.S citizen or be able to travel internationally.

4. Cancellation of removal: If you have lived in the U.S for long and are facing removal proceedings, you can apply to remain in the U.S. This is only if you meet certain conditions. They include:

• You have to prove that you have been a lawful permanent resident for at least five years when you were applying for the relief
• Have never received any cancellation removal in the past
• You have the right to keep your green card, and this card must have been obtained lawfully

 The immigration judge may require you to prove that you meet the basic legal requirements. He/she will decide whether you will be allowed to retain your green card. If not so, you will be issued an order of removal.

 An Immigration Lawyer For Assistance

Being put into legal proceedings is not easy. However, an immigration lawyer may help you navigate through the complicated process. If you feel your civil rights have been violated in the removal proceedings process, your lawyer may help you file a complaint with the relevant agency or else get a green card to become a permanent resident.