| If you're facing deportation or removal from the United | | | | hardship. |
| States, you should not try to defend yourself. | | | | OPPOSITE PATHS TO WINNING YOUR CASE |
| Each year, deportation defense becomes tougher. | | | | There are two roads to proving hardship. The |
| More and more rigid laws are passed - increasing the | | | | difference between the roads: where your family |
| difficulty of winning deportation and removal cases. | | | | members plan to live if you are removed. As your |
| NEWS REPORTS ARE NOT ALWAYS | | | | immigration trial lawyer should explain, you must |
| ACCURATE | | | | carefully think about these options before you testify |
| Too many news stories present a poor picture of | | | | at your deportation defense hearing. |
| immigration reality. For those who watch the news, it is | | | | If you go down the first road, your qualifying relatives |
| not uncommon to think removing immigrants from the | | | | will also leave the U.S. with you. Should you follow the |
| United States is only possible under rare | | | | second path, your family members will remain here |
| circumstances. This view is far from the truth. | | | | even if you've returned to your country of origin. |
| Immigrants must be careful not fall into the trap of | | | | This is a very important decision. It is important |
| thinking that getting a green card is easy. | | | | because what happens if you are deported will affect |
| The reality is that once an immigrant is sent to | | | | your life and your family's life forever. And what |
| Immigration Court, the odds of winning are far less than | | | | happens if you are deported is what the judge needs |
| 50-50. Rules are not only stiffer . . . procedures are | | | | to know, absolutely know, in great detail. |
| tighter . . . and judges are stricter than ever before. | | | | The road you and your family choose is important for |
| Yet, approximately 60% of immigrants attempt to | | | | another reason. It determines how your immigration |
| defend themselves against deportation without an | | | | attorney will present your case. If you take the first |
| immigration lawyer. Such decisions are a prescription | | | | road, your immigration lawyer has to show how |
| for disaster. | | | | moving to your home country will have a negative |
| THE ROAD TO IMMIGRATION SUCCESS IS | | | | effect on your qualifying relatives. If you take the |
| COMPLICATED | | | | second route, your immigration lawyer will have to |
| Even when immigrants have good cases, there are no | | | | prove the suffering your family will experience without |
| guarantees. Victory is only a privilege, not a mandatory | | | | your love and support. |
| right. | | | | SOMETIMES HARDSHIP IS NOT ENOUGH |
| Judges can believe (1) you're a hard-worker, (2) an | | | | Both types of deportation defense cases take a lot of |
| honest individual, and (3) your family will be torn apart if | | | | preparation. There are many, many things to talk about |
| you are removed - and still rule that you've failed to | | | | in court. Much evidence is required to prove your |
| show you deserve to stay in the United States. | | | | position. The right amount of hardship is incredibly |
| For immigrants lacking proper documents, the | | | | difficult to prove. |
| circumstances are tougher. They are often left with | | | | Almost all immigrant families will suffer some hardship if |
| only one possible defense against deportation. This is | | | | a family member is deported. Judges tell many |
| called cancellation of removal. They must prove: | | | | immigrants that they have shown some hardship - but |
| (a) 10 years of continuous physical presence in the U.S. | | | | they have only shown ordinary hardship. You must |
| (b) Good moral character during the ten years (c) No | | | | demonstrate exceptional and extremely hardship. |
| convictions which disqualify them from immigration | | | | Facing removal if you lose your case, this is not |
| benefits (d) Exceptional and extremely unusual | | | | something to try on your own. Most people cannot put |
| hardship to a qualifying relative (Qualifying relatives are | | | | their hardship case together without the help of a |
| your husband, wife, parents, or children who are either | | | | skilled immigration trial attorney. If remaining in the U.S. is |
| U.S. citizens or lawful permanent residents already) | | | | your dream, your selection of an immigration attorney |
| The requirement most difficult to demonstrate is | | | | could be the deciding factor. |