For immigrants, it takes a while and a lot of effort to successfully build a life in the U.S. Once they’re settled in, the prospect of deportation can be a scary possibility. For those facing this life-altering threat, it can be difficult to know where to start, considering how complicated and challenging U.S. immigration law can be.
Nevertheless, affected immigrants should make an effort to understand the legal avenues available for them in such a predicament. Of course, every case is unique, but there are common approaches that immigrants can use to fight deportation.
Apply for cancellation of removal
This form of relief is available to certain immigrants facing deportation. To qualify, immigrants must meet specific requirements, such as:
- Having been physically present in the U.S. for a considerable amount of time
- Demonstrating good moral character
- Showing that their removal would result in extreme hardship to a U.S. citizen family member
For lawful permanent residents, they must show that they have:
- Maintained their status
- Not committed serious crimes
- Lived in the U.S. for at least seven years
Strong evidence, such as documentation of family ties, community involvement and any mitigating circumstances, is essential to improve the chances of success.
Seek asylum or withholding of removal
Some immigrants may not have a home to go to if they’re deported but are awaiting persecution in their home country. Such immigrants may be eligible for asylum if they can demonstrate a reason to fear persecution if they return to their country of origin. Withholding of removal is a similar form of relief but has fewer benefits than asylum:
- Asylum can be a gateway to a green card and eventual citizenship
- Withholding of removal only protects individuals from being deported to a specific country
- Withholding of removal does not offer an opportunity for permanent residency
Applicants should file their claim within one year of arriving in the U.S. However, exceptions exist for changed or extraordinary circumstances.
Fighting deportation in the U.S. is a challenging process, but it is not insurmountable; immigrants have several avenues to explore. By understanding these strategies and seeking legal support, immigrants can significantly improve their chances of remaining in the United States and building a secure future for themselves and their families.