How Can My Family Help Me Win a Deportation Case?

When you are charged with deportation, you may not know where to turn first. If you have been living in the United States for a significant period of time and have relatives who already are U.S. citizens and/or lawful permanent residents, you may have some options available to you that can help you avoid deportation. Perhaps one of the ways that your family members can help you most when you are charged with removal is to file a visa application or petition on your behalf that is based on your family relationship. A U.S. citizen can file a visa petition on behalf of certain relatives, including a spouse, child, parent, and sibling. On the other hand, a lawful permanent resident – an individual who already has his or her green card – can only file a visa petition on behalf of a spouse or an unmarried child. Certain relatives whom a U.S. citizen sponsors are classified as immediate relatives. This means that these relatives are not subject to the limits on immigrant visas that the federal government gives out each year. These relatives can file for a green card much more quickly than other relatives, and are likely to have their applications processed in a timelier manner than other relatives. Immediate relatives include immigrant spouses, unmarried immigrant children under the age of 21, and immigrant parents who are over the age of 21. Family members also may be helpful to you in applying for relief under the prosecutorial discretion program, particularly if you are seeking work authorization. Affidavits by family members who are legally present in the U.S. can attest to your good character and their reliance on you for financial support, which can help you obtain work authorization. Those relatives who do not fall into the category of immediate relatives are classified according to the immigration family-based preference system, along with the relatives of permanent lawful residents. Each of the four categories has different waiting periods to obtain family-based visas. Those relatives who are in a higher preference category most likely will be able to file for a visa before those relatives who fall into a lower preference category. Finally, depending on the type of case you have, you might be able to use medical, financial, emotional and other types of hardship that your family is suffering from (or would likely suffer from if you were deported) to support your case. In Cancellation of Removal cases, for example, it is critical to show that certain family members would suffer “exceptional and extremely unusual hardship” if you were deported. As you can see, your family members may be able to assist you in some situations by sponsoring you in a visa petition, despite the fact that you have been charged with removal. At Landerholm Immigration, A.P.C., we focus all of our efforts on representing the interests of countless clients who have been charged with deportation by immigration authorities. Our goal is to help you remain in your home in the United States with your families. Fortunately, there are a variety of different remedies that may be available to you in your deportation case that may enable you to avoid deportation altogether. We will aggressively dig into the circumstances involved in your case, evaluate your options, and help you build the defense that is most likely to allow you and your family remain in the community in which you have made your home. Get in touch with our experienced California deportation defense attorneys today, and learn what we can do to help you. Para Espanol haz click aqui!