Retaining services of an immigration attorney is vital to ensuring whether you have any arguments on your side and help you to present them in a persuasive manner. The government will have an attorney on its side questioning you and arguing for your deportation. Why wouldn’t you want someone on your side, representing you and protecting your rights?
You Can’t Count on the Immigration Judge for Assistance
It is quite true that immigration court proceedings are less formal than normal court hearings. No jury will be present, minimal scripted legal language needs to be used and everyone is of the understanding that the foreigner might not be familiar with U.S. immigration laws much less American legal procedures.
Be mindful that the immigration judge is expected to act in an unbiased manner. This means that the judge will not automatically side with the attorney who will be there for the Department of Homeland Security (DHS), but they are there to consider both the DHS’s arguments and the foreign nationals before making a decision.
An Immigration Judge is not going to prepare legal arguments for you, nor help you present your case. Chances are that the judge might even be unaware of circumstances in your case that might merit a favorable outcome. There is a strong probability with a busy court docket that your judge might not have the time to interview you or find out about particular details of your case. Immigration judges are there to enforce the law but with the help of a legal representative you might stand a chance to stay in the U.S.
In a nutshell, if you appear before an immigration judge with a charge of a deportation order against you, possibly because you are unlawfully in the U.S. or you got convicted of a crime after obtaining your green card and if you are unable to formulate a valid reason why you should not get deported then the judge will have no other choice but to deport you.
You do not get deported after the first court hearing unless otherwise stated. At the beginning of your court procedure, the immigration judge will strongly recommend that you hire an attorney to aid you in figuring out whether you have any defense against deportation and to represent you at the individual merits hearing.
How Can An Attorney Help Present a Strong Argument in Court
Immigration attorneys can assist you by spending time familiarizing themselves with your case, whether specific circumstances in your life warrant defending against your deportation, and if the charges made against you are correct.
Due to the complexities in U.S. immigration laws, these probabilities might be apparent to you, even after reading up on immigration law matters. A lawyer can, for instance:
- Defend you by arguing that the charges against you are false
- Demonstrate you are a U.S. citizen, thanks to a citizen parent or grandparent
- Argue that you are eligible for asylum because you have a reasonable fear of returning to your home country because you will be persecuted
- Request that the judge grant you a U.S. green card because you are the immediate relative of a U.S. citizen amongst other reasons.
Calling on an Immigration Attorney to Help Is Recommended
Being put in removal proceedings or having a deportation order made against you and going through the process alone is the last thing you need to do. Why not give Gambacorta Law Office a call today at 847 443 9303 and our team of attorneys will gladly fight your case in your defense.