The Best Defenses Against Deportation
Currently, deportation is a hot button topic in the country. President Trump ran a campaign that centered around deporting illegal immigrants and securing the countries borders. Over the last month, this has become the focal point of his administration. By some estimates, there are currently 11 million undocumented immigrants that could be at risk of deportation. This has caused an enormous amount of fear in the immigrant population of the U.S. Luckily; there are ways to fight back. The first step is to find a deportation lawyer.
Finding the Right Deportation Lawyer
First and foremost it is important to find the proper deportation lawyer. The right firm will have knowledge about deportation from both sides of the courtroom. Look for someone with a previous background in the prosecution of these cases. They will know the strategies that the prosecution will use. It is also important that the deportation lawyer you pick has experience in all areas of immigration law, and will put your needs first. Lastly, never pay for a consultation. Consultations should be free, accurate and honest. Given all of these factors, Pozo Goldstein is the best immigration lawyer in NYC.
Determining the Proper Defense
While U.S. immigration laws only allow small portions of people to remain in the U.S and receive or keep green cards, the law provides more ways to fight against removal than you may think. There are some things applicants may qualify for including asylum, withholding removal, and cancellation of removal. At the very least voluntary departure can be used as a way of leaving the U.S. without some of the harsh consequences of deportation. We will examine all of the possible defenses for both undocumented immigrants as well as green card holders.
Defenses an Undocumented Immigrant Can Raise
There are some defenses that a deportation lawyer could use on behalf of an undocumented immigrant. These are the courses of action that may be best and who qualifies for such defenses.
- Adjustment of Status: This changes your status from nonimmigrant to immigrant, to receive legal status in the United States. While there are some exceptions, you have to have entered the U.S. legally to qualify for adjustment.
- Asylum: This protects people who have fled persecution or fear of future persecution in their home country. This allows you to receive legal status, and eventually a green card. To qualify you will have to prove that you are unable to return home because of persecution based on your race, religion, nationality, membership in a social group, or your political opinion.
- Withholding of Removal: This status is like an asylum. You have to show that it is “more likely than not” that you would be persecuted if you returned to your home country. Withholding of removal provides fewer benefits than asylum. Recipients are not eligible for permanent residence or travel outside of the U.S.
- Cancellation of Removal: This is a way to obtain a green card. You have to prove that you have been in the U.S. for more than ten years and that your removal would cause “exceptional and extremely unusual hardship” to a “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident).
- Deferred Action: This is simply an agreement by the U.S. government to put your case on hold. The government will not change your status, but they also will not deport you. The government attorney can negotiate on behalf of the U.S. and award this status.
Defenses a Green Card Holder Can Make
There are some offenses that could cause you to be deported even if you already have a green card. These offenses include violating the terms of your green card, termination of status, helping smuggle people in the country, committing a crime or marriage fraud to name a few. If you already have a green card and are facing deportation, there are some defenses that could apply to you.
- Cancellation of Removal for Lawful Permanent Residents: To qualify you must have been a lawful permanent resident for at least five years. You also must have continually resided in the U.S. for at least seven years. The green card holder must also have not been convicted of an aggravated felony and have not received cancellation of removal in the past.
- Waiver of Alien Smuggling: You may be eligible for a waiver if you are a lawful permanent resident, helped smuggle and immediate family member, and the court decides you deserve an exemption.
The Last Resort
If you and your deportation lawyer have tried all possible avenues to have your status changed and were unsuccessful, you could apply for voluntary departure. Voluntary departure allows you to leave the country on your own without an order of deportation on your record. An order of deportation would automatically bar you from returning to the U.S. While this is not an ideal scenario it does allow you to reenter the United States at a later date.