Understanding Deportation and Removal
Deportation, now commonly referred to as removal, is the formal process of expelling a non-citizen from the United States due to violations of immigration or criminal laws. The U.S. Immigration and Customs Enforcement initiates these proceedings, but they do not have the final say. Multiple avenues exist within U.S. immigration law to contest and potentially halt a deportation order.
Practical Methods to Fight Removal Requests
Here are some effective strategies that our experienced attorneys employ to challenge and fight removal requests:
Applying for Asylum
One of the most powerful defenses against deportation is applying for asylum. If you have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, you may be eligible for asylum. This can provide you with the legal right to remain in the country and eventually apply for a green card. It's crucial to file Form I-589 within one year of your arrival or at the port of entry.
Applying for a Waiver
Various waivers can be applied to negate the grounds for removal. For instance, a 212(i) waiver can be used for individuals who committed fraud or material misrepresentation. A waiver might also be available for those with criminal records, provided that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Adjusting Status to Permanent Resident
If you are eligible, adjusting your status to that of a lawful permanent resident (LPR) can be a viable strategy. This is often applicable to individuals who are immediate relatives of U.S. citizens or green card holders.
Appealing to the Board of Immigration Appeals
If an immigration judge rules against you, you have the option to appeal to the BIA. This body has the authority to review and overturn lower court decisions. It is crucial to file a notice of appeal within 30 days of the decision and present a strong legal argument.
Requesting Voluntary Departure
While not a method to prevent deportation, voluntary departure can allow you to leave the U.S. on your own terms and potentially return legally in the future. This option is available before or during removal proceedings, provided you are not accused of serious crimes or terrorism.
The Importance of Experienced Legal Representation
The procedures and laws surrounding deportation and removal are complex and ever-changing. Having an immigration attorney by your side can make a difference in the outcome of your case. At Green Evans-Schroeder, our team is dedicated to providing you with legal support tailored to your situation. We take the time to understand your case, explain your options, and aggressively advocate for you.
If you or a loved one is facing deportation, don't navigate this challenging path alone. Contact Green Evans-Schroeder today for a confidential consultation to discuss your case and explore your options. Together, we can fight for your right to remain in the United States.
