Category Archives: Deportation

How Your Attorney Can Help You With Defense Against Deportation

DeportationIf you are facing deportation, you should consult a legal expert immediately. The laws guiding immigration and deportation are quite complicated. For this reason you need a competent and experienced attorney to help you. Below are some ways your legal expert can help you in case you need defense against deportation.

Apply for Asylum
If you can prove that you are in danger in your country, you cannot be deported. Your lawyer will help you apply for asylum and until the case is heard and dispensed with, you cannot be deported. Asylum cases take a long time so you have a temporary stay of execution while the court is hearing the asylum proceedings.

Adjustment of Status
If your spouse is a US citizen or a permanent resident of the US, you have a defense against deportation. Your attorney will get your spouse or another relation file a petition for you. If things go well, you can adjust your status to a permanent resident of the US and you will not be deported.

Cancellation of Removal
If you have been placed into removal proceedings, your attorney can get you “cancellation of removal”. There are many ways to do this. If you have a green card and you have lived in the US for 7 years since you were legally admitted into the country, you may qualify for cancellation of removal. If you have been living in the US with a green card for 5 years and you did not commit any crime in those 5 years, you might qualify for cancellation of removal. You could also qualify for cancellation of removal if you have never been convicted of an offense (for immigration purposes). Even if you do not have a green card and you are undocumented, you can still apply for cancellation of removal. In this case, the condition is that you have lived in the US for 10 years and your deportation will cause extreme hardship to your child, spouse or parents who are permanent residents or citizens of the US.

Other Options
Other options your attorney might explore are Voluntary Departure, U-Visa or Motion to Suppress. As you can see, immigration and deportation matters are quite complicated. Get in touch with an excellent immigration lawyer and you will get defense against deportation.