While every case is unique, it is possible for foreign nationals to fight deportation orders and remain in the United States. The key is proving that you have valid grounds in which to legally stay. If you’ve gotten a Notice to Appear from the Department of Homeland Security, all hope is not lost. There are several ways to win a deportation case, but it all hinges on the grounds on which the government is seeking removal and your individual circumstances.
Due to the time-sensitive and complex nature of deportation cases, it’s important to consult with a removal defense attorney who can explain your rights and the best tactics moving forward. Here are some strategies that may help you overcome a removal proceeding.
Suspension of Deportation/Cancellation of Removal
If the following criteria can be proven, a cancellation of removal may be granted to nonpermanent residents.
- You have been continuously physically present in the U.S. for at least 10 years
- You are a person of good moral character
- You have not been convicted of any crimes
- Your deportation would result in extreme hardship to family members who are U.S. citizens or lawful permanent residents
Many immigrants seek asylum in the United States after experiencing or fearing persecution in their country of origin. If you have faced imprisonment, threats of violence, torture or rape based on your sexual orientation, ethnicity, fender, nationality or political beliefs, you may be able to prevent deportation.
Withholding of Removal
This defense may be viable if you do not qualify as an asylum seeker, but can prove that your life and freedom would be jeopardized in your home country because of your particular religion, race or political views.
Adjustment of Status
Immigrants who have entered the U.S. lawfully may be eligible for an adjustment of status, even in the midst of deportation proceedings. The following scenarios may warrant an adjustment of status
- Sponsorship from an employer or family
- Asylum has been granted for 12 months
Nicaraguan Adjustment and Central American Relief Act (NACARA)
Under the NACARA program, nationals of Guatemala, El Salvador and certain former Soviet bloc countries may be able to suspend deportation orders and eventually obtain a Green Card. Eligibility requirements include continuous physical presence in the U.S. for at least 7 years, no prior criminal record or aggravated felony convictions, and proof that removal would cause extreme hardships for immediate relatives in the U.S. who are legal permanent residents or citizens.
U nonimmigrant status (U-Visa)
If you have experienced severe physical or mental suffering from a criminal activity in the U.S. – such as trafficking, sexual assault, extortion or other qualifying acts — and will agree to help law enforcement investigate and prosecute the wrongdoings, you may be able to avoid deportation and achieve lawful permanent resident status.
Speak to an Immigration Attorney about Deportation Defense
Bassey Immigration Law Center has extensive knowledge of removal laws and deportation procedures. Our multilingual legal team educates and advocates for clients as we help them work toward the most favorable and efficient resolution.
For expert legal guidance on beating a deportation or removal order, speak to an immigration lawyer Miami, FL residents have come to trust for solid defense strategies. Contact Bassey Immigration Law Center today for more information.