Navigating U.S. immigration law can be daunting, especially if facing deportation. However, there are various defenses available. This avoid deportation U.S. guide will explore different strategies for both undocumented immigrants and green card holders in removal proceedings, providing potential solutions to avoid deportation.
Defences for Undocumented Immigrants
Adjustment of Status Based on Family
If you find yourself in removal proceedings and are undocumented but have recently married a U.S. citizen or if your priority date for family-based immigration has become current, you may have a pathway to adjust your status. This process can lead to obtaining a green card, potentially allowing you to avoid deportation.
Voluntary Departure
Voluntary departure is an option for individuals who may not have a strong defense against removal from the U.S. This alternative provides the opportunity to leave the country voluntarily, reducing the adverse consequences associated with deportation. It can be particularly valuable for those who aspire to return to the U.S. in the future.
Prosecutorial Discretion
In some cases, individuals in deportation proceedings can seek prosecutorial discretion (PD). If granted, PD can result in an agreement where you will not be deported, and your immigration court case may be temporarily closed. This discretionary relief offers a glimmer of hope for those seeking to avoid removal.
Child Custody Arrangements
For immigrant parents concerned about the custody of their children in the event of arrest or deportation, it’s crucial to plan for their care. This proactive approach ensures that your child’s welfare is safeguarded, even in challenging circumstances.
ICE Check-In Appointments
Individuals with regular check-in appointments with Immigration and Customs Enforcement (ICE) may face the risk of arrest. Understanding the potential consequences and strategies to deal with this risk is essential for those navigating the immigration system.
Defences for Green Card Holders
Cancellation of Removal for Green Card Holders
Green card holders who have held their status for more than seven years may be eligible to apply for cancellation of removal. This defense can be particularly useful if facing removal due to a crime or other violations. It provides an opportunity to retain your lawful permanent residence.
Applying for a Waiver of Alien Smuggling
If you risk losing your lawful permanent residence due to your involvement in assisting others in crossing the U.S. border unlawfully, applying for a waiver is a potential solution. This process can help you regain the right to remain in the country.
Evidence Preparation for Cancellation of Removal
To strengthen your case for cancellation of removal, meticulous preparation and presentation of evidence are crucial. This includes gathering documentation and information that demonstrate your eligibility to remain in the U.S.
Legal Relief Options
1. Cancellation of Removal
- Immigrants may apply for cancellation of removal, which can stop the deportation process. To qualify, one typically needs to demonstrate:
- Continuous physical presence in the U.S. for a specified duration.
- Good moral character.
- No serious criminal convictions.
2. Asylum
- Individuals who fear persecution upon returning to Nigeria may apply for asylum. This requires proof of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
3. Adjustment of Status
- If eligible, immigrants can adjust their status from temporary nonimmigrant to permanent resident (green card holder) through family members or employers who can sponsor them.
4. Voluntary Departure
- This option allows individuals to leave the U.S. voluntarily within a specified time frame set by a court, which can prevent a formal deportation record and its associated penalties.
Legal Representation
Engaging a skilled immigration attorney is crucial when facing deportation. An attorney can:
- Evaluate individual cases to identify the best defense options.
- Represent immigrants in court and during hearings effectively.
- Assist in applying for relief options or appealing unfavorable decisions.
Additional Considerations
Understanding Immigration Status
- It’s essential for immigrants to understand their current immigration status and any potential violations that could lead to deportation.
Staying Informed
- Keeping up with changes in immigration laws and policies is vital, as these can affect deportation proceedings and available relief options34.
The Importance of Legal Counsel
While exploring these defenses is vital, it’s equally important to seek guidance from an experienced immigration attorney. An attorney can provide valuable insights into the specific nuances of your case, offer expert advice, and represent your interests effectively throughout the immigration court proceedings.
In conclusion, understanding immigration court defenses offers hope for those facing deportation. Whether you’re an undocumented immigrant seeking status adjustment or a green card holder fighting to stay, knowing your options and seeking legal help are crucial. Knowledge and preparation can increase your chances of avoiding deportation and securing a brighter future in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to help you avoid deportation in U.S. immigration matters. Whether you’re applying for a T Visa or Asylum, we handle every step—from preparing your application to 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 and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to avoid deportation in U.S. immigration cases. Call us today at +234 812 5505 986 to learn how we can assist you.
