Immigrants Beware: The Path To Immigration Success Has No Guarantees
Plain and simple, immigrants who try to defend themselves at Immigration Court are foolish.
Year after year the requirements for protecting immigrants against deportation grow harsher. More and more rigid laws are passed - increasing the difficulty of winning deportation and removal cases.
NEWS REPORTS ARE NOT ALWAYS ACCURATE
Too many news stories present a poor picture of immigration reality. For those who watch the news, it is not uncommon to think removing immigrants from the United States is only possible under rare circumstances. This view is far from the truth. Immigrants must be careful not fall into the trap of thinking that getting a green card is easy.
A reality check reveals something quite different: your chances of winning is lower than 50%. Rules are not only stiffer . . . procedures are tighter . . . and judges are stricter than in the past. Still, about 60% of immigrants try to handle their deportation and removal cases without an immigration trial attorney. Such decisions are a prescription for disaster.
THE ROAD TO IMMIGRATION SUCCESS IS COMPLICATED
Even when immigrants have good cases, there are no guarantees. Victory is only a privilege, not a mandatory right.
Judges can believe (1) you're a hard-worker, (2) an honest individual, and (3) your family will be torn apart if you are removed - and yet, decide that you do not meet the requirements to remain in the United States.
For immigrants lacking proper documents, the circumstances are tougher. Quite often, these immigrants have one, and only one, chance to overcome deportation. This is called cancellation of removal. They must prove:
(a) 10 years of continuous physical presence in the U.S. (b) Good moral character over the past ten years (c) No criminal convictions which disqualify them (d) Exceptional and extremely unusual hardship to a qualifying relative (Qualifying relatives are your husband, wife, parents, or children who are either U.S. citizens or lawful permanent residents already)
The requirement most difficult to demonstrate is hardship.
OPPOSITE PATHS TO WINNING YOUR CASE
There are two roads to proving hardship. The difference between the roads: where your wife, kids, and perhaps parents are planning to live if you are deported. As your immigration attorney should emphasize, you must weigh these choices prior to testifying at your immigration court trial.
If you take the first road, your family members will leave the U.S. with you. Should you follow the second path, your family members will remain here even if you've returned to your country of origin.
Your decision in choosing which path to pursue is extremely important. It's crucial since your deportation affects the lives of your family members, probably forever. And what happens if you are deported is what the judge needs to know, absolutely know, in great detail.
Your decision is also significant for your immigration lawyer's preparation. It helps your lawyer decide how to organize your case. If you take the first road, your immigration lawyer has to show how moving to your home country will have a negative effect on your qualifying relatives. If you take the second road, your immigration attorney has to show how your family will suffer without your day-to-day support and love.
SOMETIMES HARDSHIP IS NOT ENOUGH
Both types of deportation defense cases take a lot of preparation. There are many, many things to talk about in court. A lot of evidence is needed to support your testimony. The right amount of hardship is incredibly difficult to prove.
Every immigrant family will experience hardship when a loved one is removed from the United States. Immigration judges sometimes decide that immigrants have proved hardship to their family members - but they have only shown ordinary hardship. You must demonstrate exceptional and extremely hardship.
Facing removal if you lose your case, this is not something to try on your own. Most people cannot put their hardship case together without the help of a skilled immigration trial attorney. If remaining in the U.S. is your goal, your choice of a deportation defense lawyer may make the difference.
by: Carlos Batara
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