ICE detention facilities, removal proceedings, immigration courts, and unsympathetic judges all feel like a recipe for tragedy. If you or a loved one have found yourselves in the removal proceedings, then the United States government has found a reason why they think you should be deported back to your home country.
It is easy to despair and think there’s no way to reverse this order and remain in the US. However, you do have legal options available to you which can be used to build a formidable defense against removal.
Adjustment of Status
While we would encourage you to apply for a green card long before you wind up in removal proceedings, sometimes it can’t be helped. Even if you’re facing deportation, it may not be too late to apply to become a lawful permanent resident. Many restrictions and requirements will still apply, and your best hope of success with an Adjustment of Status is via family-based immigration visa petitions.
Undocumented immigrants who are facing removal may qualify for the Violence Against Women Act if they’ve suffered abuse from a spouse, parent, child, or domestic partner who is a US citizen or lawful permanent resident. Under VAWA, they may be eligible for relief.
Asylum, CAT, or Refugee Status
If you can show a well-founded fear of persecution in your home country, your immigration judge may grant you asylum or refugee status. The Convention Against Torture may also save you from deportation if you can prove a true fear of torture upon being returned to your homeland.
A lot of immigrants don’t report crimes they’ve witnessed or been a victim of because they fear being put on law enforcement’s radar for deportation. If you can establish that a crime caused you serious harm and your cooperation could assist the investigation or prosecution of the crime, you may be eligible for a U visa, which would end removal proceedings.
The Deferred Action for Childhood Arrivals policy is no longer processing new applicants but can be a useful tool for qualifying young people to stay within the US.
Argue Against Removal
Whether you have lawful citizenship or the consequences of removal are simply too severe, it is possible to argue and appeal your deportation. Doing so on your own will be an uphill battle and, like all strategies mentioned on this page, it is advisable to seek the legal guidance of an immigration law professional.
Contact Landerholm Immigration, A.P.C.
If you are in danger of being deported, you need to act now. The deportation defense attorneys of our law firm have been helping clients all over the Bay Area for years. We provide knowledgeable, sympathetic legal services, and would be proud to represent your interests in court.
To schedule a free case evaluation, please contact us. (510) 491-0291.