Threatening deportation feels incredibly daunting. You may have sacrificed a great deal to enter the United States. Not only that, but you have built a life here and want to remain. Unfortunately, pending deportation proceedings can threaten everything you have worked so hard to build.
Immigrants who find themselves facing deportation should take vital steps to protect their right to remain in the country or their overall freedoms. There are several options that can help them remain in the country and stop removal in immigration court. The following is a summary of the most popular form of relief from removal. Remember: each case is different and requires a careful analysis of the individual’s immigration and criminal history.
A Union City deportation defense attorney can help immigrants choose the right option for their needs.
The notice to appear must be properly served. If not, then the case cannot proceed until it is properly served.
The government has the burden of proof to show that you are subject to removal because of a criminal conviction. A possible defense is that the crime and or conviction does not match with the removal charge or that you are actually a U.S. citizen.
Certain green card holders who have been in the US for seven years after admission in any status and have had a green card for at least five years and non-green card holders who have been in the US for at least ten years who have a U.S. Citizen or lawful permanent resident spouse, parent of child that would suffer an exceptional and extremely unusual hardship who have not committed serious crimes can petition for cancellation of removal. This can simply stop deportation proceedings and allow them to remain legally in the country once the case ends.
In some cases, if an immigrant was admitted to the U.S. after inspection and there is a qualifying relative such as a U.S. citizen spouse or U.S. child over 21 it may be possible to file for adjustment of status to become a permanent resident to avoid deportation. Adjustment of status depends upon meeting very specific qualifications such as the lack of criminal history and immigration fraud.
Immigrants who are facing extraordinary circumstances in their home countries, including armed conflict or natural disasters, may have the right to petition for Temporary Protected Status (TPS), which would allow them to remain in the country if the U.S. has designated their county to be eligible. If an individual has TPS protection this will stop deportation proceedings.
When an immigrant fears persecution in their home country on the basis of a protected status, they have the right to apply for asylum, withholding of removal and Convention Against Torture (CAT). Individuals granted relief can remain in the United States to protect their safety, even if they would not otherwise have been granted entry. Immigrants must already be in the United States to apply for asylum and must apply for asylum within one year of their entry, unless they can show extenuating circumstances that may grant additional time. Withholding and CAT relief can be applied for at any time.
If you are a lawful permanent resident who pled guilty to crimes before April 24, 1996, you may be eligible for discretionary relief under this former section of the Immigration and Nationality Act. If you maintained seven years of unrelinquished domicile, had a green card for at least five years, and have not served five years or more in prison for one or more aggravated felony convictions. If the above is met, the judge will weigh your positive and negative factors in the application for relief. If granted, you will keep your lawful permanent resident status.
Certain lawful permanent residents who have at least seven years of continuous residence before service of the Notice to Appear may be able to apply for relief from deportation for certain criminal acts.
The crimes that can be waived are:
To be eligible for relief, you must be the spouse, parent, or child of a U.S. citizen or lawful permanent resident and show that denial of admission would inflict extreme hardship on that relative. To be eligible, the crime must have occurred more that 15 years ago.
To qualify for a 601a waiver, you must be married to a U.S. citizen or lawful permanent resident and be able to show that deportation would result in hardship to your spouse or children; your sole violation must be unlawful presence. Upon a proper showing of prima facia eligibility, the judge and the government attorney may administratively close your case to allow you to apply for the waiver. Upon approval, you would still need to leave the U.S. and have an immigrant visa interview at a U.S. Embassy or consulate.
“T” and “U” visas are available to victims of human trafficking or serious crimes, such as domestic violence or sexual assault, who cooperate with U.S. law enforcement to investigate and prosecute the crime(s).
“T” and “U” visas allow eligible victims to remain and work in the U.S. temporarily – usually for four years. Typically, the visa holder may apply for a green card after three years.
This form of relief allows certain people, male or female, who are victims of battery or extreme cruelty from a lawful permanent resident or U.S. citizen spouse or parent to remain in the U.S. You must be able to show that you have been continuously physically present in the U.S. for a period of 3 years, have good moral character, are not inadmissible to the U.S., and would suffer extreme hardship if not allowed to remain in the U.S.
This form of relief from removal is available to minors who are under twenty-one (21) and entered the US because they were abused, neglected or abandoned by one or both parents abroad. This program allows qualified minors to petition for a green card and could lead to full citizenship and protection from deportation.
The government attorneys always have broad “prosecutorial discretion” to “dismiss” certain deportation cases if an individual’s circumstances fit within their qualifications. There are no firm rules regarding when a government attorney can exercise their discretion, but it is more likely when your removal proceedings are not the result of a criminal conviction, and you have been a long-time resident with good moral character. The political climate also dictates whether this relief will be offered.
Individuals who are deported from the United States may have no say when the deportation occurs or where they ultimately end up. Voluntary departure, on the other hand, allows them to choose when they leave the country and where they go of their own accord.
In many cases, immigrants may have the right to appeal deportation orders, especially those that were issued without adequate evidence or under illegal terms. Appealing deportation orders may mean:
Working with a Union City lawyer is essential to appealing deportation orders and determining whether an immigrant has grounds to remain in the United States.
If you are facing deportation, time is of the essence. In many cases, deportation proceedings move quickly, and you may have little time to defend against it. Working with a Union City deportation defense lawyer can help individuals facing deportation fight it by choosing the right option for their needs. At the Law Offices of Lloyd E. Bennett Esq., P.C., we have helped thousands of people—and we can help you, too. Contact us today to learn more about how we can help you fight against deportation and protect your rights.
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