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Legal options when facing deportation or removal?
If an immigrant is told he/she is being deported or removed from the U.S., does he/she have any rights? Can an immigrant get a deportation attorney to defend him/her?
All Deportation Questions & Advice
Can an individual challenge removal immigration and under which circumstances?
Question: Can an individual challenge removal immigration and under which circumstances?Does an immigrant in the U.S. facing removal proceedings have any options to stay in the U.S.?
Does an immigrant in the U.S. facing removal proceedings have any options to stay in the U.S.?Legal options when facing deportation or removal?
If an immigrant is told he/she is being deported or removed from the U.S., does he/she have any rights? Can an immigrant get a deportation attorney t...What is the U.S. government doing to stop and prevent illegal immigration?
Question: There are many news stories about illegal immigrants in the U.S. How many illegal immigrants...This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Answers
An immigrant can request a “cancellation of removal” hearing to present evidence as to why he/she should not be removed from the United States. The Executive Office of Immigration Review (EOIR) will hold a hearing to determine whether an immigrant should be deported or if there is a compelling reason to cancel the deportation. An immigrant is NOT entitled to free legal representation if he cannot afford an attorney, as a U.S. citizen would. Even an immigrant faced with criminal charges will have to pay for legal representation or attend the hearing without a lawyer. Asylees present a greater dilemma for Immigration officials because deportation may mean sending a person back into circumstances which are extraordinarily dangerous. There is much debate in Congress about how to handle Asylees in removal hearings and judges must make decisions on a case by case basis.
Depending on the reason for the removal of the immigrant from the United States, the immigrant will not be allowed back into the United States for a number of years. Some crimes will make an immigrant inadmissible at any time in the future. Due to the serious consequences of deportation, competent legal representation is very important.
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Posted by Christine Callahan on 11 May 2010
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