Facing Deportation & The Importance Of Knowing Your Rights

By Published On: May 2, 2024Categories: Blog, Deportation

In the complex nature of U.S. immigration, facing deportation is among the biggest fears of noncitizens. This constant worry stems from the profound impact it can have on immigrant lives. If you are frightened about being removed from the United States, a deportation defense attorney can guide you when things get complicated. Here, you’ll understand a lawyer’s pivotal role in navigating such a case effectively. Familiarize yourself with your rights and understand the grounds for potential removal from the land of opportunity.

If You Are In The Process Of Being Removed From The U.S., Representation From A Deportation Defense Attorney Is Your Best Legal Option

Entrust Your Case With A Deportation Defense Attorney

Deportation in the United States is a legal process through which a foreign national is discharged from the country. This can be due to breaching immigration regulations or other criminal activities. Working with a seasoned attorney can significantly improve your chances of contesting such removal. These defense lawyers advocate for their client’s rights and craft tailored strategies to secure favorable outcomes.

Equipped with in-depth knowledge of immigration law, they ensure fair treatment and due process for you and your family. Their commitment to your immigration situation provides much-needed reassurance, which could mean a lifeline during dark times.

To better understand the scope and gravity of removal in the United States, it’s essential to be aware of the common reasons why immigrants face deportation.

Reasons For Removal From The United States

Eviction from the United States, as in all countries, signifies the importance of regulating immigration. It reinforces the need to balance national sovereignty, security concerns, and the rights and well-being of individuals affected by deportation orders.

Removal from the country can result from various factors beyond mere illegal entry. Even with permanent residency or a Green Card, certain circumstances may still put you at risk of being sent back to your home country.

Criminal Acts

Immigrants who engage in criminal activities, particularly violent ones, may lose eligibility to stay in the United States. However, it’s important to note that not all crimes may lead to removal. Specific crimes could result in banishment. Below are the examples of such acts.

Murder & Human Trafficking

Murder and human trafficking are among the most severe offenses in the United States. For immigrants, a murder conviction could mean being sent back to their country of origin. Similarly, noncitizens involved in human trafficking, or the exploitation of individuals through fraud, force, or coercion, may have the same fate.

Domestic Violence

Perpetrating acts of domestic violence can cause an immigrant to lose their right to stay in the United States. This crime includes physical or emotional abuse against a spouse or partner.


Engaging in sexual assault or rape constitutes a heinous crime. These reprehensible acts cause immense suffering to the victim and are rightfully met with stringent legal measures. For noncitizens convicted of such offenses, expulsion from the United States is a distinct possibility.

Money Laundering

The state considers money laundering a threat to national security as it enables criminal enterprises to thrive. To uphold justice, the immigration law finds removal appropriate for immigrants engaging in such acts.


Participating in terrorist activities or aiding organizations poses a significant risk to the state. As part of the measures to protect the nation from extremist dangers, convicted individuals will highly face removal.

Drug Smuggling

Participation in drug smuggling operations, such as trafficking or distributing illicit substances, may also lead to removal from the United States. Given the significant harm inflicted on society and public health by drug-related offenses, such actions are treated with utmost severity.

Apart from committing criminal acts, you could also deal with removal if you violate a particular aspect of immigration regulations.

Violations Of Immigration Law

U.S. immigration law governs the entry, presence, and status of individuals from foreign nations within its borders. Immigrants who defy and defile the country’s legal provisions may be subject to removal.

Documentation Fraud

This involves the illicit act of falsifying or tampering with crucial documents pertinent to immigration matters to gain entry or obtain legal status in the United States. These documents include counterfeit or forged birth certificates, passports, Visas, and other relevant identification papers.

Lying On Visa Applications

When applying for a Visa, you must provide accurate and truthful information about your background, travel history, and intentions to visit the United States. False information or not including relevant details can have severe consequences.

Illegal Entry & Visa Overstaying

Unauthorized entry into the United States without inspection by immigration officials is against the law. This includes crossing the border without permission, evading inspection at ports of entry, or entering on fraudulent grounds.

In addition, Visa overstaying occurs when foreign nationals remain in the United States beyond the expiration date of their Visa. Needless to say, exceeding the Visa duration is a clear violation of immigration law.

These crimes and violations carry varying degrees of severity and can result in consequences such as eviction from the United States. Understanding your rights will help you avoid legal trouble and preserve your lawful status within the country.

Know Your Rights As An Immigrant

Everyone, regardless of immigration status, deserves dignity and respect during deportation. When facing such adverse scenarios, remember you possess certain rights for due process. Knowing your privileges when dealing with removal situations can make all the difference.

Right To Remain Silent

The right to remain silent is a primary constitutional right afforded to individuals facing eviction proceedings in the United States. This right protects you from being compelled to incriminate yourself through statements or admissions made to immigration authorities.

In such situations, you can refrain from providing any information or answering questions that may be used against you in immigration court. Remember that anything you say could harm your case or jeopardize your legal status in the country.

Right To An Attorney

Another essential safeguard for those facing removal is the right to an attorney. Like criminal proceedings, individuals in immigration proceedings have the right to be represented by an attorney at their own expense. A deportation defense attorney plays a vital role in advocating for your rights, presenting legal arguments, and challenging the case against you. Their valuable guidance can help you weigh your legal options and determine the best possible outcome.

Right To Appeal

If you believe you receive an inappropriate decision in immigration court, you can appeal the ruling to a higher administrative authority or federal court. This right allows you to challenge errors in implementing the law or facts made by the immigration judge and seek a review of your case by a higher authority.

The appeals process provides a mechanism for you to seek remedy and possibly overturn adverse decisions that could result in removal from the United States. To challenge the court decision effectively, you must understand your case’s deadlines and work closely with your deportation defense lawyer.

Right To Apply For Relief From Removal

Those facing removal from the country also have the right to apply for deportation or immigration relief. These legal avenues are available to seek eviction protection and potentially obtain lawful status in the United States.

Some common forms of relief include asylum, cancellation of removal, adjustment of status, waivers of inadmissibility, and protection under CAT or the Convention Against Torture. Eligibility for this right depends on various factors, including the individual’s immigration status, circumstances, and the specific grounds for removal alleged by the government.

Knowing your rights when facing expulsion threats is essential for ensuring fairness under the law. While you’re entitled to certain privileges, some require a reliable legal partner you can entrust with your future. Your optimal choice is to seek assistance from a reputable law firm to manage your removal case.

Lincoln-Goldfinch Law Helps You Stay In The United States

A Deportation Lawyer Will Be Able To Accompany You Through This Tough Process Of Facing

As losing eligibility to stay in the United States is a personal crisis, taking chances is the last thing you want to do. Your best bet is to tap into the skills of a reputable legal partner, such as Lincoln-Goldfinch Law. This established law firm will provide comprehensive legal assistance in addressing deportation threats and asserting your rights.

The firm empowers you with the proper knowledge to help you assert your rights effectively in immigration proceedings. This proactive approach strengthens your position and ensures you are treated fairly.

Lincoln-Goldfinch Law can help you challenge your removal and pursue relief options such as cancellation of removal. They advocate for you in court by crafting solid legal arguments and providing diligent representation. Their goal is to achieve favorable outcomes, enabling you to remain in the country and build a secure future for yourself and your family.


Deportation threats loom large for many individuals in the United States. Hence, you must understand your rights when facing removal. Whether the cause is serious crimes or immigration law violations, knowing your rights empowers you to navigate legal nuances and encounters with immigration agents effectively.

In such risky circumstances, a deportation defense attorney becomes indispensable. Legal partners like Lincoln-Goldfinch Law can advocate for your rights and craft tailored defense strategies to challenge expulsion grounds.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.

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