Common Defenses to Deportation

Common Defenses to Deportation

Deportation proceedings are very serious, in that they can result in the removal of an individual from the United States on a permanent basis. Removal can result in the separation of a family who has lived together for many years, which is likely to be a hardship on all family members involved. Fortunately, there are a number of defenses that you can use to defend yourself against removal. While these defenses are not available in every case, there are defenses that commonly apply to a large number of removal cases. First, if you are in fear of persecution or danger in your home country, you may qualify for relief from removal through a petition for asylum, withholding or removal, or Convention Against Torture (CAT). Cancellation of removal is another form of relief that may be available for legal permanent residents (LPR) and even non-legal permanent residents in some rare situations. For example, to qualify for cancellation of removal as a LPR, you must show that you lived in the U.S. for seven years prior to legal admission, lived in the U.S. as a LPR for five years before committing a crime or otherwise being charged with removal, and that you have not been convicted of an aggravated felony. Another common defense to removal is to seek an adjustment of status. If you are married to a U.S. citizen or LPR, or if another family member has filed a petition on your behalf, you may be able to directly apply for a green card and adjust to a legal immigration status. A U-Visa also will provide relief from removal for certain victims of serious crimes who have suffered harm and have cooperated with the police to bring the perpetrator of the crime to justice. If you don’t have a viable option to avoid removal, you may request voluntary departure if you are able to fund your own return to your native country and have a valid travel document, which sometimes is preferable to being deported. Additionally, government attorneys can exercise prosecutorial discretion in allowing certain immigrants to avoid removal, even where there is already a removal order, but this form of relief is relatively rare. For a slightly longer list of your removal defense options, please visit our webpage here. When you or a loved one is facing deportation, you face the potential for a family separated by international borders, an inability to reunite, and the loss of the place that you may have called home for many years. The prospect for deportation can be terrifying, particularly if you must return to a country where violence, crime, and poverty are widespread, and one in which you may no longer have family and friends. Our goal is to avoid that possibility at all costs by developing a strong case on your behalf to defend you against deportation. Call Landerholm Immigration, A.P.C., today at (510) 756-4468, or contact us online in order to schedule a consultation with one of our skilled and experienced deportation defense attorneys. The sooner you contact us, the better we can represent your interests in your deportation case.
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