Immigration Law: Common Defenses If You're Facing Deportation Part 2

Immigration Law: Common Defenses If You're Facing Deportation Part 2

Receiving a notice to appear in immigration court (and facing deportation proceedings) is not only stressful, but depending on your reason for traveling to the United States, returning home could put your freedom and even your life in jeopardy. Fortunately, U.S. immigration law recognizes several defenses to deportation that can allow you to remain in the country. In last month’s blog, we reviewed two options: Cancelation of Removal and Adjustment of Status. Below is an overview of four more potential defenses that may be appropriate for your circumstances. Asylum You may be able to apply for asylum if you came to this country seeking freedom from persecution based on:
  • Race
  • Religion
  • Nationality
  • Social group
  • Political opinion
If your application is successful, you may be able to obtain a work permit and eventually permanent residency. You may also file a petition to bring eligible family members to the U.S. Withholding of Removal Withholding of Removal Under Section 241 may be available to you if you can demonstrate that your freedom or life may be jeopardized due to your race, religion, nationality, membership in a social group, or political opinion. In this respect, it is similar to asylum. However, unlike asylum-
  • You can still be removed to another country where your life or freedom would not be threatened
  • You do not become eligible for lawful permanent residence or citizenship, although you may obtain work authorization to support yourself
  • Your family members will not qualify for relief
Withholding of Removal requires a higher standard of proof than asylum. You must prove that it is “more likely than not” that you would be persecuted in your home country, while with asylum you must only have a “well-founded fear.” Violence Against Women Act (VAWA) If you have been a victim of abuse, you may be able to apply for a cancellation of removal under the Violence Against Women Act. You will need to submit proof of residence in the U.S. for at least three years and show that you have maintained the aforementioned good moral character. If your application is approved, you may be able to obtain a green card and future citizenship. The Convention Against Torture The Convention Against Torture protects individuals who would face torture if sent back to their home country. To seek protection under the CAT, you would need to submit evidence that justifies your fear, such as proof of past torture. Contact a California Immigration Attorney Immigrants and even green card holders who are at risk of being deported from the United States should obtain professional representation from a California deportation defense attorney as soon as they receive their notice. At Landerholm Immigration we will advise you on the most viable alternative to deportation in your case, such as the measures described in this blog or another legal provision that can assist you. We’re here when you need us, so please do not hesitate to call our San Francisco office at (510) 488-1020 for a confidential case review.
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