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.
Available Relief Options
Family-Based Adjustment of Status
For some undocumented immigrants, transitioning from nonimmigrant to immigrant status through a family member or spouse, typically a U.S. citizen, is an option. Although legal entry is usually required, exceptions exist.
Asylum
Asylum serves as a sanctuary for those fleeing persecution or fearing future persecution in their home country. It provides legal status, a work permit, and, eventually, a green card.
Withholding of Removal
Similar to asylum but more challenging to obtain, withholding of removal requires demonstrating a “more likely than not” risk of persecution upon return to your home country.
Protection under the Convention Against Torture (CAT)
CAT protection is available if it’s probable that you would face torture in your home country. Unlike asylum, the reason for potential torture doesn’t matter. CAT recipients can remain and work in the U.S.
Cancellation of Removal
Non-lawful permanent residents may qualify for a green card by proving ten years’ physical presence in the U.S. and showing that their removal would cause “exceptional and extremely unusual hardship” to a qualifying relative.
Violence Against Women Act (VAWA) Relief
VAWA relief is available to those who have suffered “battering or extreme cruelty” from a qualifying relative and meet specific requirements, including three years of U.S. presence and good moral character.
Voluntary Departure
As a last resort, voluntary departure allows individuals to leave the U.S. without a deportation order on their record, making reentry less challenging.
Deferred Action
Deferred action temporarily halts your case without providing legal status or deportation. It’s applied case-by-case and requires negotiation with the government attorney handling your case.
Prosecutorial Discretion
This rare decision by the government agency handling deportation cases can lead to the cessation of deportation efforts. However, it’s challenging to obtain and necessitates pre-discussion with the government attorney.
Private Bills
In exceptional cases, relief from deportation may come through laws passed by the U.S. Congress, but such instances are exceedingly rare and require highly sympathetic circumstances.
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.
