Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

INS Deportation continues to be a problem for Illegal Aliens.

Question: As there continues to grow a population of illegal aliens in the United States, INS Deportation cases continue to grow. People are taken from their work, their homes, their cars and from all manner of places. I am afraid to walk down the street or outside of my house, especially  with the new laws in Arizona. Can you elaborate on how someone can be subject to INS Deportation?

Answer: First of all, if you are here illegally, then you are subject to INS deportation. Only if you are here on a valid work permit, or as a Lawful Permanent Resident or as a U.S. Citizen are you not subject to INS deportation. As is well known, ICE officials can take you anywhere or anytime in order to carry out the laws of the United States. It is unfortunate, that many times these laws are misinterpreted, stretched or simply ignored by INS officials. However, if you start with the basis that you can be deported if you are here illegally, then you can move to the next step to try to win an INS deportation.

Question: What must I do to win an INS deportation or what defenses can I have?

Answer: If you are deportable, then you must determine if you have relief from deportation. The U.S. laws do permit you to normally fight your case in Immigration Court in order to avoid an INS deportation. Many times I have heard horror stories from clients about what INS, ICE or other government officials have said to them. Many times, clients will tell me something to the effect that they were coerced into signing a voluntary deportation order, or that they were told they will be in the detention facility for many years and nothing will happen unless they sign the ‘paper’. Of course, much of it was not true and people who had relief available were deported. Therefore, the bottom line is not to sign anything when you are in detention or presented with options by ICE officials. INS deportation is rather complicated and you should see a qualified immigration attorney to see how he or she can help you. For example, to avoid INS deportation, you could apply for different forms of relief depending on what you qualify for under the immigration laws. Some examples would be Cancellation of Removal for Lawful Permanent Residents, Cancellation of Removal for Non Permanent Residents, Adjustment of Status, Registry, Asylum, Convention  Against Torture, Withholding of Removal and others. Each form of relief requires its own application and analysis. However, if you want to avoid INS deportation, and you have a chance at winning a form of relief, you should take it. It is definitely harder to win a case outside of the U.S. than inside. Even if you do not have a very strong case, many times it is beneficial to fight inside the U.S. to avoid INS deportation. Many people who are in detention will qualify for bond and be able to fight their case while being free. It is simply a matter for the Immigration attorney to make a Motion for Bond Redetermination.

Question: How long does it take to stop INS Deportation?

Answer: That will depend. Some cases can be terminated relatively quickly, and others will take years to fight. However, if one option is to have an INS Deportation and to live outside the U.S. in a country which you have no family or familiarity, verses being free in the U.S. while you fight your case, it is normally preferable to fight in the U.S. I have had many cases over the years that were being fought when some new laws came out making them eligible for some other form of relief. Every situation is different, but staying in the U.S. is worth fighting for.

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