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What strategies can you use to fight against deportation?

On Behalf of | Jan 24, 2025 | Deportation Defense

Every year, people from other countries come to the U.S. looking for new opportunities. However, this journey can be risky, including the threat of deportation. Even if you are already settled here, it is important to know how to fight against deportation during this critical time.

Before discussing strategies, let us understand how deportation works. Deportation means removing a noncitizen from the U.S. because they broke immigration laws. This can include criminal actions, threats to public safety, or breaking visa rules. Once detained, individuals often must go to immigration court, where a judge decides their case. In some situations, expedited removal can happen, which skips court hearings.

Seeking legal help

The first step in fighting deportation is to get legal help. An immigration lawyer can look at your case, find possible defenses, and guide you through the legal system. Lawyers can also help file appeals against unfavorable decisions and check if your rights were violated during the process.

There are several defense strategies that might prevent deportation:

  • Asylum and refugee status: If you fear being harmed in your home country because of your race, religion, nationality, political views, or belonging to a specific social group, you might be eligible for asylum.
  • Cancellation of removal: This option is for certain noncitizens who have lived in the U.S. for a long time and meet specific requirements, like showing good moral character.
  • Adjustment of status: If you qualify, you might apply for a green card, which can stop deportation proceedings.
  • Waivers of inadmissibility: Depending on your circumstances, you may qualify for waivers that forgive certain immigration violations.

An immigration lawyer can explain these options and see if they apply to your case. Remember, each situation is unique, so your case might need a different strategy.

Voluntary Departure

In certain situations, choosing voluntary departure can be a strategic decision. This allows you to exit the U.S. independently, avoiding a formal deportation mark on your record. Although it might seem strange, voluntary departure can sometimes make it easier to return legally in the future.

Addressing criminal charges

Criminal charges can make immigration status more complicated. It is important to work closely with your lawyer to understand how these charges affect your case and explore defenses. In some instances, post-conviction relief can lessen the immigration consequences of a criminal conviction.

Challenging expedited removal

If you or someone you know is facing expedited removal, challenging the reasons for this process can be helpful. Ensure all your travel documents are correct and quickly address any accusations of document fraud. Legal guidance can help you handle these claims effectively.

Fighting deportation requires knowing the available strategies. By seeking professional legal help and exploring all possible defenses, you can increase your chances of staying in the United States. Remember, each case is unique, and the right strategy will depend on your situation. If you or someone you know is facing deportation, do not hesitate to ask for legal support and guidance.