Have immigration officials detained you or issued you a notice of deportation? Immigrants facing deportation from the U.S. may have various legal options for delaying or preventing their removal. This facing deportation legal guide can help you understand your rights, possible defenses, and the steps to take when navigating complex immigration proceedings.
What Does It Mean to Face Deportation?
U.S. immigration officials may deport a non-citizen who does not have lawful status and presence in the U.S. Immigration officials may also commence deportation proceedings against a visa holder or permanent resident who violates the terms of their visa or permanent residency. That’s why it’s essential to understand the deportation process—knowing what to expect can help you take the proper legal steps and avoid mistakes that could jeopardize your future in the U.S.
What to Do Immediately After Receiving a Deportation Notice
When you receive a deportation notice, prompt action can help you pursue a favorable resolution to your case. First, you should never ignore a deportation notice. Read the notice carefully to ensure that it has accurate information, and check for the date, time, and location of your scheduled deportation hearing. Next, you should consult an immigration attorney as soon as possible to discuss your legal options. Furthermore, you should gather all relevant documents that may help your case, depending on the legal options you pursue to avoid deportation.
Legal Options If You’re Facing Deportation
People facing deportation may have various legal options for delaying or preventing it. Immigrants who receive a notice to appear should consult a knowledgeable and appointed immigration lawyer to learn what options they may have available in their case. Potential legal options you might pursue when facing deportation include:
Cancellation of Removal
Both immigrants and permanent residents can seek cancellation of removal. A non-permanent resident may become eligible for cancellation of removal if they meet specific criteria, including:
- Continuous physical presence in the U.S. for at least 10 years
- Good moral character during physical presence in the U.S.
- No disqualifying criminal convictions
- Removal would cause extreme hardship for a U.S. citizen or lawful permanent resident spouse, child, or parent
Permanent residents may qualify for cancellation of removal if they meet specific criteria, including:
- Having held lawful permanent residency for at least five years
- Having lived in the U.S. continuously for at least seven years
- Having no disqualifying criminal convictions
Asylum
An immigrant can apply for asylum to avoid deportation. They must apply within one year of arriving in the U.S., but they may attempt to apply after spending more than one year in the U.S. if they can demonstrate circumstances that prevented them from filing a timely application, such as suffering a severe health condition or recent changes in their home country.
A person applying for asylum must demonstrate that they have faced harm in their home country or would face a serious chance of harm if returned. Harm must involve assault/battery, kidnappings, or credible threats of violence against the person or their family. The harm must come from the government in the person’s home country or from parties that the government cannot or will not control, such as an organized crime group that pays off immigration law enforcement or a militia or terrorist group that effectively controls a portion of the country. Finally, the person must demonstrate that they have or will face harm due to their race, ethnicity, nationality, religious belief, political opinion, or membership in a “particular social group,” a group recognized in the person’s home country for a common characteristic they cannot change, such as LGBTQ individuals or former military members.
Please read more about the religious discrimination against immigration here: Religious Test for Immigration
Withholding of Removal
An immigrant may seek withholding of removal if they do not qualify for asylum. Like asylum, an immigrant seeking withholding of removal must prove they face a risk of serious harm if returned to their home country. However, withholding of removal has a higher standard of proof than asylum, as an immigrant must prove they are more likely than not to face serious harm if returned to their home country.
Adjustment of Status
Under certain circumstances, some immigrants meet the requirements to adjust their immigration court status and become permanent residents, even while facing deportation proceedings. For example, a family member with U.S. citizenship or lawful permanent residence may sponsor an immigrant in removal proceedings to obtain permanent residency. The immigrant may qualify for adjustment of status if they have not taken any actions that would disqualify them from lawful permanent residency, such as unlawfully entering the country or committing a serious crime.
Waiver of Deportability or Inadmissibility
An immigrant facing deportation may seek a waiver of deportability or inadmissibility, which can pause or terminate deportation proceedings or render the immigrant eligible for certain immigration statuses. Immigration judges may grant waivers of deportability or inadmissibility when an immigrant shows that their removal from the U.S. would cause extreme hardship for U.S. citizen or lawful permanent resident family members who depend on the immigrant’s presence in the U.S.
Contact Our Firm for Help with the Immigration Appeal Process
When you receive an ICE notice to appear for a removal hearing, you need experienced legal advocates who will fight for your rights and interests. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Contact The Law Office of William Jang, PLLC, today for a confidential consultation with an immigration attorney in Texas to discuss withholding of removal, deportation relief programs, and other legal options you may have to delay or prevent your removal from the U.S.
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