Removal and Deportation Defense

Removal and Deportation

If you are “undocumented” – in other words you have no immigration status in the United States — and you have been placed in “removal” proceedings, some legal defenses are available. These might make it possible for you to avoid being removed (deported) and remain in the United States. Be advised, however, that getting a lawyer’s help will be your best bet for successfully claiming any of them.

1)      Argue That You Are Not Removable as Charged

2)      Request Relief

  • Asylum, Withholding of Removal andProtection under the Convention Against Torture: This is a form of protection for people who have fled persecution or fear future persecution in their home country
  • Cancellation of removal: This is a way of obtaining a green card if you can prove ten years’ physical presence in the U.S., and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your spouse, parent, or child who is a U.S. citizen or permanent resident.
  • Voluntary Departure:This option offers way to leave the U.S. without staining your immigration record with a past order of removal.
  • Prosecutorial discretion:This is decided by the US Department of Homeland Security. Usually, people whose cases are closed based on prosecutorial discretion do not have a criminal record, however, there are no speficif regulations about who can receive this benefit. If you receive prosecutorial discretion, you may be allowed to remain the United States. But you will probably NOT be eligible for other benefits such as the right to travel.
  • Adjustment of status (application for a green card): This is a way of changing from nonimmigrant to immigrant status in order to get legal status in the United States.