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Immediate Steps to Take on Deportation
Taking the proper steps early on can significantly influence your case’s chances when threatened by removal. Fear and hopelessness may set in, but your initial efforts can help you control the situation and protect your ability to stay in the U.S.
Seek Legal Assistance: Make hiring an experienced deportation defense attorney your top priority. A deportation defense attorney will assess your situation, explain your rights, and help you understand your options. They can also represent you in deportation or removal proceedings.
Stay Calm & Organized: Gather all relevant documents, such as immigration records and criminal history. Having everything in one place helps your attorney build a strong defense.
Understand The Charges Against You: Carefully review your NTA to understand why removal is being pursued. It allows you and your lawyer to plan a robust strategy.
With your future at stake, relying on chance is not practical. Seeking legal assistance allows you to explore the defenses available to fight deportation.
Possible Legal Defenses To Removal
A solid defense to removal cases often lies in knowing the available legal options. Deportation attorneys evaluate each situation carefully to determine which forms of relief can give you a better fighting chance to remain in the country.
Cancellation Of Removal
Cancellation of Removal offers immigration relief that helps lawful permanent residents (LPRs) and non-permanent residents avoid deportation. This process allows Green Card holders to keep their permanent resident status while enabling non-permanent residents to adjust their status to that of an LPR.
Non-permanent residents must prove eligibility by demonstrating at least 10 years of continuous physical presence in the U.S. They must also show good moral character and have no convictions for certain criminal offenses. Additionally, they must establish that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident relative.
LPRs, however, can apply for cancellation if they have held their status for at least five years and continuously resided in the U.S. for a minimum of seven years. They must also prove they have no conviction record of aggravated felonies. A judge considers factors such as rehabilitation and contributions to society when deciding.
Adjustment Of Status
Adjustment of Status provides undocumented immigrants in removal proceedings a pathway to a Green Card through a U.S. citizen or an LPR relative. Some individuals only realize they qualify when facing an immigration issue or after a recent marriage, which opens up avenues for adjustment.
Additionally, an employment-based petition can facilitate status adjustment if the timing is favorable. It can typically occur when the employer files a petition while the individual maintains valid status, and the worker’s priority date becomes current.
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