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What Are My Rights When it Comes to Deportation?

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Whether documented or undocumented, many immigrants are unaware of their rights in the United States when it comes to deportation. When faced with deportation, it’s critical to understand how the process works, your legal options, and the resources available to help save you from deportation. Read on to learn what to do if you have been flagged for removal.

What Are Your Legal Rights?

Immigrants who are being questioned by ICE or any other law enforcement organization, have the following legal rights:

  • The right to remain silent - when being asked about your immigration status, you are not obligated to disclose any information. Giving personal information about your family or immigration status could be used against you in immigration court. You should consult your immigration lawyer before speaking to the authorities.
  • The right to refuse a search - without probable cause, law enforcement officers do not have the right to search you or your belongings without your consent. If law enforcement authorities want to conduct a search, you have the right to say no.

If authorities are questioning you about your immigration status, exercise your right to remain silent. Contact an immigration attorney immediately before answering any questions.

What to Do if You Receive a Notice of Deportation

If you get a notice from the Department of Homeland Security that you are being deported, it’s imperative to consult an immigration attorney immediately. The process of deportation is exceptionally complicated, time-sensitive, and will require an attorney who understands immigration law.

Ways to Avoid Deportation

The following are some common defenses that could help you avoid deportation.

Political asylum - You may be eligible for a green card if you fear persecution in your home country.

Temporary Protected Status (TPS) - If you are in the U.S. because your home country has recently had a natural disaster or civil war, you may be able to remain in the country under TPS legally.

Adjustment of status - Foreign nationals who are already in removal proceedings and are currently living in the U.S. may still be allowed to apply for a green card under this provision.

Immigration waivers - Many different immigration waivers could be used as a defense for certain immigration violations and crimes to avoid deportation.

Cancellation of removal - Green card holders who are placed in removal may be able to avoid deportation if they meet these requirements:

  • Must be a permanent resident for a minimum of five years.
  • Must have continuously lived in the US for more seven years after their admission to the U.S., under any status.
  • Have not committed an aggravated felony.
  • Should be admissible from the U.S on the basis of security.

Contact an Immigration Lawyer

If you or a loved one is facing deportation, we can help. Contact Yekrangi & Associates at (949) 478-4963 today to learn more about how our experienced immigration attorneys can guide you through every step of the way and ease your concerns.

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