Navigating U.S. immigration law can be daunting, especially if facing deportation. However, there are various defenses available. This 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.
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.
