In the complex world of immigration law, undocumented individuals facing deportation have viable defense options. This article explores potential avenues for non-citizens without legal status to avoid deportation and remain in the United States.
Challenging Removability
Denying Factual Allegations
When placed in removal proceedings, the first crucial step is to challenge the very basis of your removability. This entails denying factual allegations and contesting charges as outlined in the Notice to Appear (NTA). By not conceding to these charges, you shift the burden onto the Department of Homeland Security (DHS) to provide substantial evidence supporting your removability.
While being honest is paramount, it’s equally crucial not to provide information that may harm your case without consulting an attorney. Full disclosure and professional guidance are key.
Seeking Relief From Removal
Legal Representation
Navigating the intricate world of immigration law is challenging, especially when facing deportation. It’s highly advisable to secure the services of a seasoned immigration attorney who can provide a comprehensive evaluation of your case, identify potential defenses, and guide you through the process.
Key Deportation Defense Options
1. Asylum and Refugee Protections
Individuals fearing persecution in their home countries may apply for asylum, which requires demonstrating a well-founded fear based on specific grounds such as race, religion, or political opinion. Successfully obtaining asylum not only protects against deportation but also provides a pathway to lawful permanent residency and citizenship.
2. Cancellation of Removal
This option is available for non-permanent residents who can prove:
- Ten years of continuous physical presence in the U.S.
- That removal would cause exceptional and extremely unusual hardship to a qualifying relative (U.S. citizen or lawful permanent resident).
For lawful permanent residents, cancellation can be sought if they face deportation due to certain criminal convictions or other issues.
3. Withholding of Removal
Similar to asylum but more challenging to obtain, withholding of removal requires proving that it is “more likely than not” that the individual would face persecution upon return to their home country. This option does not lead to permanent residency but allows individuals to remain in the U.S. and obtain work authorization.
4. Protection under the Convention Against Torture (CAT)
Individuals may seek protection under CAT if they can show that they would likely be tortured by their government or entities it cannot control upon return home. Like withholding of removal, this option does not offer a path to permanent residency.
5. Deferred Action and Prosecutorial Discretion
Both deferred action and prosecutorial discretion provide temporary relief from deportation:
- Deferred Action allows individuals to remain in the U.S. for a specified time without being removed, though it does not confer legal status.
- Prosecutorial Discretion involves immigration authorities deciding not to pursue deportation based on various factors such as community ties and lack of serious criminal history.
6. Voluntary Departure
This option allows individuals to leave the U.S. voluntarily without a formal order of removal, which helps avoid future complications with reentry. However, it comes with a one-year bar on reentry.
7. Legal Challenges and Motions
Individuals can contest deportation by challenging the factual basis for removal or filing motions:
- Motions to Suppress: Exclude evidence obtained through violations of constitutional rights.
- Motions to Terminate: Dismiss proceedings due to legal errors or procedural issues.
These motions require a strong understanding of immigration law and can significantly impact the outcome of a case.
8. Appeals and Post-Order Options
After receiving a removal order, individuals may appeal to the Board of Immigration Appeals (BIA) or file motions to reopen or reconsider their cases based on new evidence or legal errors made during previous hearings.
Getting Legal Assistance
If you find yourself in removal proceedings and aim to prevent deportation, it’s crucial to consult a licensed and experienced immigration attorney promptly. They can meticulously assess your situation, identify potential defenses, compile necessary documentation, construct legal arguments, prepare witnesses, and accompany you during immigration court proceedings.
In conclusion, while the path to defending against deportation is intricate, understanding the available options and obtaining professional legal assistance can significantly improve your chances of remaining in the United States. Remember, you don’t have to navigate this challenging journey alone. Seek the guidance of a qualified immigration attorney to secure your rights and protect your future.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make exploring your deportation defense options straightforward and successful. Whether you’re seeking cancellation or removal or other forms of relief, we handle every step—from assessing your situation to preparing your application and gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients with Deportation Defense Options. Call us today at +234 812 5505 986 to learn how we can assist you.
