What Are the Most Common Defenses to Deportation?

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.