It is a frightening thing these days to face deportation. The courts do not appoint public defenders to help immigrants accused of criminal activity. You are on your alone, doing battle with the U.S. government, at a time when many Americans want you gone.
Immigration Court judges typically do not want to hear your sad story. They want to dispose of your case as quickly as possible.
Many people accused of committing a crime experience despair. Since your situation seems hopeless, you give up on defending yourself.
At Francis Law Center, we have three words of advice: "Don't give up."
While the law is difficult, there are in fact many legal avenues we can take to keep you here with your family.
Voluntary departure: If you leave the U.S., you may be granted relief from deportation.
Adjustment of Status: from non-immigrant to lawful permanent resident
Cancellation of Removal: This waiver is available to lawful permanent residents who have resided continuously in the U.S. for 7 years. Non-permanent residents must have lived here for 10 years. You have the opportunity to show that deportation would place extreme hardship on family members who are citizens or permanent residents.
Asylum: If you qualify as a refugee persecuted in your home country.
The United Nations Convention Relating to the Status of Refugees provides a means of canceling deportation if you can show that you would face discrimination if you return to your home country.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment allows relief from deportation if your government would torture you if you went back.
The Nicaraguan Adjustment and Central American Relief Act can lead to relief from removal if you come from one of a specific list of countries.
The Deferred Action for Childhood Arrivals: Under it, the Department of Homeland Security does not deport immigrants brought into the U.S. as children. As you know, the fate of DACA is up in the air right now.
The Violence Against Women Act allows battered noncitizen spouses or children of an abusive U.S. citizen or permanent resident to seek cancellation of deportation orders.
These are just a few of the legal mechanisms that may apply to your situation. In addition, your lawyer can make motions in court:
- To reopen or reconsider your case, if it appears to call for reexamination
- To terminate removal proceedings, if there is clearly an error in the government's presentation
- To close administrative proceedings based on I-601A(Waiver of Grounds of Inadmissibility)
We are not saying deportation defense is easy. These are difficult times for immigrants who have plead guilty to crimes. But you can fight deportation with an attorney experienced in this challenging area of law.
Our attorney, J. Jae Lee, serves clients from around the world, including India, Pakistan, Middle East, Asia, Africa, Korea, Japan, Latin America and Europe.
Don't give up on your dreams. Give us a call.