Facing deportation can be an overwhelming and frightening experience. The prospect of leaving behind your family, friends, and the life you’ve built in the United States is daunting. However, knowing that you have rights and legal options to defend against removal is important.
Francis Law Center outlines removal defense, reasons you might face deportation, ten effective strategies to fight it, and why having an immigration attorney by your side is crucial.
What Is Removal Defense?
Removal defense refers to the legal strategies and actions taken to contest and prevent deportation from the United States. When the government initiates removal proceedings against an individual, that person has the right to challenge the government’s case and present evidence supporting their eligibility to remain in the country.
This process involves hearings before an immigration judge, where various forms of relief can be sought to halt or cancel the removal.
Reasons You Could Be Deported
The U.S. government may seek to deport individuals for several reasons:
- Violating Visa Terms: Overstaying your visa or not adhering to its conditions.
- Unlawful Entry: Entering the country without proper documentation or authorization.
- Criminal Convictions: Being convicted of certain crimes, especially aggravated felonies or crimes involving moral turpitude.
- Fraud or Misrepresentation: Providing false information on immigration applications or documents.
- Security Threats: Involvement in activities that threaten national security or public safety.
- Public Charge: Being deemed likely to become primarily dependent on government assistance.
Understanding the specific grounds for deportation is essential in formulating an effective defense.
Types of Effective Removal Defenses
Knowing your legal options can make a noticeable difference in the outcome of your case. Here are ten strategies that may help you fight deportation:
Asylum
You may be eligible for asylum if you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group. Applying for asylum can halt removal proceedings while your case is reviewed. Unless exceptional circumstances apply, applying within one year of arriving in the U.S. is essential.
A successful asylum claim can lead to lawful permanent residency and, eventually, citizenship.
Cancellation of Removal for Non-Permanent Residents
Non-permanent residents may qualify for cancellation of removal if they have lived in the U.S. continuously for at least ten years, have demonstrated good moral character, and can prove that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
This form of relief can result in the granting of a green card.
Cancellation of Removal for Permanent Residents
Lawful permanent residents (green card holders) facing deportation due to certain criminal convictions may be eligible for cancellation of removal if they have been a lawful permanent resident for at least five years, have resided in the U.S. continuously for seven years after lawful admission, and have not been convicted of an aggravated felony.
This relief allows them to retain their permanent resident status.
Adjustment of Status
If you are eligible for a green card through a family member, employer, or other qualifying relationship, you can apply to adjust your status even while in removal proceedings. This involves filing the appropriate petitions and demonstrating your eligibility and admissibility to the United States.
Approval of adjustment of status can halt the removal process and grant you lawful permanent residency.
Waivers of Inadmissibility
Specific grounds of inadmissibility, such as unlawful presence or specific criminal convictions, can be waived through a waiver application. By demonstrating that denying your admission would cause extreme hardship to your U.S. citizen or lawful permanent resident relatives, you may overcome barriers to adjusting your status or re-entering the U.S. after departing.
Protection Under the Convention Against Torture (CAT)
If you are likely to face torture if returned to your home country, you may seek protection under the Convention Against Torture. This relief prevents your removal to that country. While it does not lead to permanent residency, it allows you to remain in the U.S. under protection and obtain work authorization.
Voluntary Departure
Requesting voluntary departure allows you to leave the U.S. at your own expense within a specified time frame, avoiding a formal removal order on your record. This option may make it easier to return to the U.S. legally in the future, as a removal order can carry long-term bars to re-entry.
U Visa or T Visa
Victims of certain crimes (U Visa) or human trafficking (T Visa) who have assisted law enforcement in the investigation or prosecution of criminal activity may be eligible for legal status in the U.S. These visas provide temporary legal status and work authorization, with the possibility of applying for permanent residency after a period of time.
Deferred Action
Deferred action is a discretionary decision by immigration authorities to postpone removal action against an individual for humanitarian reasons or other compelling factors. While it does not confer legal status, it can provide temporary relief from deportation and eligibility for work authorization.
Prosecutorial Discretion
Immigration authorities may exercise prosecutorial discretion to close or terminate removal proceedings based on priorities and resource allocation. Factors that may influence this decision include your length of time in the U.S., family ties, community involvement, lack of a criminal record, and other humanitarian considerations.
Why an Immigration Attorney’s Help Is Important
Navigating removal proceedings is complex and challenging. An experienced immigration attorney is essential to guide you through this process. They can assess your case, identify the most effective defense strategies, ensure all applications and evidence are correctly prepared, and represent you in court.
Immigration laws and policies change frequently, and attorneys stay informed of these changes and how they may impact your case. Beyond legal expertise, having professional support can alleviate stress during a difficult time. A qualified immigration attorney significantly increases your chances of a favorable outcome.
Take the Next Step with Francis Law Center
Facing deportation is undoubtedly stressful, but remember you have rights and options under U.S. law. Taking proactive steps to fight for your place in the United States is crucial; you don’t have to do it alone.
At Francis Law Center, we are dedicated to helping individuals navigate the complexities of immigration law. Our founding attorney, Dr. Jae Francis Lee, is a first-generation immigrant who understands your challenges. We have physical offices in Chicago, Schaumburg, IL, and Madison, WI, yet we are equipped to represent clients nationwide.
We offer services in five languages, including Spanish, ensuring clear and compassionate communication throughout your case. Our team stays up-to-date with the ever-changing immigration laws and policies, providing you with the most effective defense strategies tailored to your situation.
Don’t navigate this complex legal process alone—reach out to Francis Law Center for the trusted legal support you need to protect your future and keep your family together.
