The threat of deportation from the United States is rising due to stricter immigration laws and increased enforcement from Immigration and Customs Enforcement (ICE). Undocumented immigrants, even those who arrived as children, may worry about being sent back to their home country.
If threatened with deportation proceedings, it’s vital to build a case for legal immigration status as quickly as possible. There are only a few ways to fight deportation, and knowing which path to take is essential for the success of your case.
What is Deportation?
Deportation is the removal of a foreign national who Immigration and Customs Enforcement believe violated U.S. immigration laws. Deportation can affect people who entered the country unauthorized or overstayed a visa.
It’s increasingly common for green card holders and people in the U.S. legally to face deportation proceedings. This can happen if:
- A person is deemed inadmissible when entering the country or when adjusting an immigration status
- A person violates the terms of a visa or green card
- A person has a conditional permanent resident status terminated
- A legal resident smuggles someone into the U.S.
- A person commits marriage fraud or gets married and divorced in a specific time period.
- A person convicted of a crime involving moral turpitude
- A person is the perpetrator of domestic violence, stalking, child neglect or abuse, or child abandonment after being admitted to the U.S.
What Happens in Removal Proceedings?
If you’re stopped at a point of entry and don’t have appropriate travel documents, the officer can initiate a removal process immediately without an immigration judge.
The removal process is more complicated for people already living in the United States.
Immigration and customs enforcement can initiate Deportation proceedings following an arrest or if you used false documents to secure legal status.
The removal proceedings themselves are complex and challenging to navigate without proper support from an immigration attorney and a team of professionals.
How Can I Stop Deportation?
If you’re facing removal proceedings, you may wonder how to stop deportation so you can remain in the United States. Talk to your immigration lawyer about which option is right for you, or contact our office for assistance.
Apply For Adjustment Of Status
Some people who find themselves in removal proceedings find out they are eligible to petition for lawful permanent resident status with a petition by a relative who is a U.S. citizen. Applying for an adjustment of status may stop deportation proceedings.
Cancellation Of Removal
For lawful permanent residents of the U.S., cancellation of removal can stop deportation proceedings and allow you to keep your green card. For this waiver, you must have maintained a physical presence in the United States for at least seven years, committed only minor offenses, and avoided criminal convictions. You must also prove good moral character through work history, family associations, and financial statements. You must also prove that removal would be an unusual hardship for you and your loved ones. Proving extreme hardship is often the most challenging piece of this application.
Cancellation of removal for non-permanent residents is available for people who’ve lived in the United States for ten years or more but do not have a green card. The applicants must also prove good character.
Political Asylum
If you fear persecution in your home country based on political opinion, religion, race, or membership in a social group, you can file for political asylum. Applicants for political asylum have one year from when they arrive in the U.S. to apply.
U-Visa
A U-Visa is for people who’ve suffered mental or physical abuse as the victim of crime in the United States and want to remain to assist law enforcement with investigation and prosecution. A U-Visa stops the deportation process and can lead to a green card.
Leave Voluntarily to Avoid Deportation
Once deported, a person is not allowed back into the country for several years. People wishing to avoid this can offer to leave the country on their own if they can pay their way back to their home country, they haven’t gotten a voluntary departure before, and they haven’t committed terrorist activities or for an aggravated felony.
How Can a Psychological Evaluation Help?
A psychological evaluation can strengthen your deportation case in the United States. It can be challenging to prove extreme hardship, mental or physical abuse, or fear of persecution because these are highly subjective. A comprehensive assessment from one of our providers can help convince the immigration court that your deportation defense is valid and worthy of approval.
A psychological evaluation will evaluate how deportation proceedings affect your physical and mental health, as well as your financial well-being. If you have family members who are U.S. citizens, we can also evaluate how your deportation and separation would negatively impact them.
Let Us Help Make The Immigration Process Easier and Less Intimidating
Immigration proceedings following a deportation order can be challenging and emotionally draining. That’s why it’s essential to move through the deportation process as quickly as possible and make your case as strong as you can.
That’s why we’re here. We offer a safe space to share your hardships and walk through the evaluation process with a kind, compassionate provider. To get started, schedule a FREE consultation with one of our providers to see if an immigration evaluation is suitable for your immigration case.
At the moment, due to COVID-19, all our immigration evaluation sessions are held online or via phone. We look forward to hearing from you!
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