Immigrants Beware: The Path To Immigration Success Has No Guarantees

Immigration attorneys know protecting immigrants is one of the hardest jobs today.

Each year, deportation defense becomes tougher. 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.

The reality is that once an immigrant is sent to Immigration Court, the odds of winning are far less than 50-50. Rules are not only stiffer . . . procedures are tighter . . . and judges are stricter than ever before. 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.

Immigration judges can (1) feel that you are a good person, (2) declare that you have been 100% honest, and (3) acknowledge that your life will be disrupted if you are deported - and still rule that you've failed to show you deserve to stay in the United States.

For immigrants who do not have valid documents, the situation is harsher. They are often left with only one possible defense against 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 during the ten years (c) No convictions which disqualify them from immigration benefits (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 family members plan to live if you are removed. As your immigration trial lawyer should explain, you must carefully think about these options before you testify at your deportation defense hearing.

If you take the first road, your family members will leave the U.S. with you. If you take the second road, they will stay here even after you are sent back to your home country.

This is a very important decision. It is important because what happens if you are deported will affect your life and your family's life forever. And what happens if you are deported is what the judge needs to know, absolutely know, in great detail.

The road you and your family choose is important for another reason. It helps your lawyer decide how to organize your case. If you follow the first path, your attorney will have to demonstrate that relocating to your country of origin will lead to bad results for your family members. If you take the second route, your immigration lawyer will have to prove the suffering your family will experience without your love and support.

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. Much evidence is required to prove your position. It is difficult to show the necessary degree of hardship.

Every immigrant family will experience hardship when a loved one is removed from the United States. Judges tell many immigrants that they have shown some hardship - 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.


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Carlos Batara, a Harvard Law School graduate, has helped immigrants from more than 60 different countries achieve their immigration dreams. If you would like to know more about how to become a permanent resident, earn U.S. citizenship, or fight deportation, go to http://www.bataraimmigrationlaw.com Be sure to pick up your FREE copy of "How to Avoid Immigration Fraud."