The landscape of immigration law in the United States is constantly changing, creating challenges and opportunities for individuals facing removal or deportation proceedings. According to the Department of Homeland Security (DHS), there were 267,258 removals and 181,211 returns of foreign nationals in FY 2019.

Addressing Removal Proceedings: Don’t Ignore the Call

Failing to attend any hearing can lead to a deportation order, which is much more challenging to reverse.

We cannot stress enough the importance of seeking legal help when you receive a letter from the immigration court. Consult with an experienced immigration attorney who can help you understand your rights and obligations and guide you through the process to prevent adverse outcomes.

Backlog Clearance: A New Light in the Tunnel

A Transactional Records Access Clearinghouse (TRAC) report found that as of August 2021, over 1.4 million cases were pending in U.S. immigration courts.

This new development means eligible individuals can now present arguments to terminate their removal proceedings, allowing them to avoid deportation and continue living in the United States. This progress is a significant shift in policy, providing hope for those waiting for their cases to be resolved for years.

Evaluating Asylum Claims: To Fight or To Dismiss?

One crucial aspect of facing removal proceedings is evaluating whether you have a strong asylum claim. According to the U.S. Citizenship and Immigration Services (USCIS), asylum may be granted to individuals who have been persecuted or fear persecution due to their race, religion, nationality, membership in a particular social group, or political opinion.

An experienced immigration attorney can assess your case and help you determine whether pursuing asylum is the best course of action. In cases where the asylum claim is weak, it might be more beneficial to seek dismissal of the case to avoid deportation.

Limited Rights and Waiting for Amnesty: A Temporary Reprieve

While dismissing a deportation case does provide relief from immediate removal, it also leaves individuals in limbo. With limited rights and no permanent legal status, those whose cases have been dismissed must wait for opportunities like amnesty or other changes in immigration policy that could provide them with a path to legal status. Amnesty programs have occurred in the past, such as the Immigration Reform and Control Act of 1986 granted legal status to around 2.7 million undocumented immigrants.

Preventing Deportation and Seeking Legal Help: Your Best Defense

The key to confidently navigating removal proceedings is seeking help from a qualified and experienced immigration attorney like Spektor, Spektor & Berman. An attorney can evaluate your case, determine the best action, and present a solid argument for the government or judge to cancel the deportation proceedings.

By having legal representation, you maximize your chances of avoiding deportation and staying in the United States. You can also explore avenues for obtaining legal status in the future, such as applying for asylum or adjusting your status through marriage or employment.

Steps to Take When You Receive a Deportation Order:

1. Seek legal help: Consult with an experienced immigration attorney when you receive a letter from the immigration court. They will help you understand your rights and obligations and guide you through the process (mentioned in the “Addressing Removal Proceedings” section).
2. Evaluate your case: An immigration attorney will assess your case and determine the best course of action for you.
3. Develop a legal strategy: Depending on your circumstances, your attorney may recommend pursuing asylum, trying to cancel the deportation proceedings, or exploring other options to adjust your legal status (covered in the “Limited Rights and Waiting for Amnesty” and “Preventing Deportation and Seeking Legal Help” sections).
4. Stay informed and engaged: Keep yourself updated on any developments in your case and communicate closely with your attorney throughout the process. Following their advice and guidance is essential for the best possible outcomes.

Contact Spektor, Spektor & Berman Today

We highly recommend watching the full interview on YouTube for a more in-depth understanding of the challenges and opportunities in navigating removal proceedings. The video features a comprehensive discussion between Michael Levites from JurisQ.com and Yakov Spektor, an experienced immigration attorney, who shed light on various aspects of immigration law and deportation cases. By watching this insightful interview, you’ll gain valuable insights from the experts, helping you better equip yourself to handle complex immigration issues.

If you or a loved one is facing removal proceedings, don’t hesitate to contact Spektor, Spektor and Berman for expert legal advice and guidance. With years of experience in immigration law, Yakov Spektor and his team can help you navigate the complex legal landscape and evaluate your options.