There are a wide variety of potential defenses to deportation. The most
appropriate defense for a particular case depends on its unique facts
and circumstances. However, there are some common defenses to deportation
that immigration lawyers can raise before the immigration court. First,
if you fear that you would be in danger if you had to return to your home
country, you may be eligible for relief from deportation by seeking asylum,
withholding of removal, or related grounds. This type of defense is most
effective if, for example, you fled your home country due to threats of
violence or actual violence occurred with respect to you or your family.
Another potential defense against removal is cancellation of removal,
which may be an available defense for both legal permanent residents (LPRs)
and undocumented immigrants. For an LPR who has been placed in deportation
proceedings, perhaps due to committing a crime, cancellation of removal
may be available if the LPR has lived legally in the U.S. for seven years,
he or she lived in the U.S. with a green card for at least five years
prior to the commission of the crime, and he or she has not been convicted
of an aggravated felony. Cancellation of removal is available for undocumented
immigrants in rare circumstances, if they have lived in the U.S. for at
least 10 years and removal would be an exceptional and extremely unusual
hardship on a spouse, child, or parent who is a U.S. citizen or legal
permanent resident. If you are facing deportation, you could be eligible
to apply for a green card directly if you are married to a U.S. citizen
or permanent resident, or if another family member has filed a petition
on your behalf. Depending on the situation, however, you may have to return
to your home country to process the green card, but in some cases, you
can simply apply to adjust your status to permanent residence. At
Landerholm Immigration, A.P.C., we care about you and your family, and want to help you preserve your
home in the United States. We focus our law practice solely on deportation
defense cases, which allows us to expend all of our efforts in standing
up for the rights of those who are facing potential deportation, including
those who are seeking asylum. Our California deportation defense lawyers
know how to gather persuasive evidence to support your case, as well as
how to satify all of the procedural ins and outs of the U.S. immigration
system. Allow us to handle your deportation case by contacting us today
to schedule your
legal consultation.
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