Deportation Defense Immigration Lawyers in Omaha
Deportation Defense Begins with Bond
When a non-citizen is apprehended by Immigration and Customs Enforcement (ICE), the first step is usually obtaining a bond, so that the immigrant may leave custody and pursue the defense case from their own home.
Not all cases are bond eligible, and some may receive ROR (release on recognizance—meaning no cash bond is required). However, if you or your family member is detained and no bond was issued or you cannot pay the one initially granted, then the attorneys at Carlson & Burnett can file an application with the Immigration Judge to set a new bond. Securing a reasonable bond allows the immigrant and their family to reunite and work towards fighting the deportation case outside of jail custody.
Identifying Relief for Defense
More than any other type of immigration case, defending immigration charges for removal or deportation requires hiring an attorney. All immigrants have the right to have an attorney in deportation proceedings, but the immigration courts will not appoint free attorneys. It is up to the individual immigrant to find and hire an attorney if they want the best chance to win.
The first major part of the deportation case is identifying what type of relief is available as a defense. Sometimes that means challenging the basis for removal, especially in the case of a lawful permanent resident. Other times that means filing an application with the Immigration Judge for asylum, cancellation of removal, adjustment of status, or temporary protected status. You should team up with an immigration lawyer as soon as possible to determine what type of relief you best qualify for and are likely to win.
Carlson & Burnett in Omaha offers comprehensive legal services to immigrants throughout Nebraska. We have the experience and legal insight needed to help you decide what deportation defense you should use and how to file for it. It is our goal to take as much confusion out of the process as possible, reducing the stress you might otherwise feel. Remember that your immigration attorney is the best defense for you, especially when an ICE attorney pushes to have you deported, and an immigration judge who knows the laws won’t always tell you the options available. Your only advocate in this system is your own immigration defense attorney who represents your interests, knows the law, and helps you against the staggering array of obstacles in the process. Immigrants who have lawyers are 4 times more likely to receive bond, 11 times more likely to seek relief in court, and 5 times more likely to win their cases than those who do not have an attorney.
Get experienced help today. Call us at 402-403-4358.
A person who is unable to return to their own country due to persecution because of their race, religion, nationality, political opinion, or membership in a particular social group is able to apply for asylum. Asylum in defense of deportation is somewhat different than for those who are not facing deportation. The process is more adversarial because an ICE attorney will be fighting against you.
Winning asylum is about more than just filing an application. It is knowing the right type of evidence to present, how to tell your story in a sympathetic light, and how to argue that you legally qualify for an asylum category. Asylum law changes routinely, especially when you are arguing for asylum based on a “particular social group” like an ethnic or tribal member, someone who is homosexual, or a person who previously served in their country’s military. No matter your background, our attorneys will help guide you through the process to make your case as strong as possible.
Cancellation of Removal
Sometimes referred to colloquially as the “ten years program,” Cancellation of Removal is so much more. To qualify, an immigrant in deportation proceedings must show that they have been in the U.S. for at least 10 years, be of “good moral character” and have a relatively good background history, and have qualifying relatives including a U.S. citizen or Permanent Resident spouse, child or parents who would suffer significant hardship if you were deported.
Preparing both evidence and testimony of witnesses is critical to winning cases for Cancellation of Removal. Our experienced immigration attorneys will help craft your defense, prepare your evidence exhibits, and help you and your witnesses provide the strongest possible testimony to support your case.
If your case was already denied and you want a second opinion, contact us today. We will give you an honest appraisal of your situation and advise you if you are eligible to file an appeal. Most immigration court appeals must be filed within 30 days. Some cases can be reopened within 180 days in certain circumstances such as a material change of conditions, or if there was an error in your case. The deportation defense attorneys at Carlson & Burnett can guide you through this process and continue to fight for you, to overturn your denial or win a new trial.
Tell us how we can help you with your deportation defense case by dialing 402-403-4358.