Deportation, also called removal, is very serious. It can tear your family apart, and once you are deported it can be very difficult or impossible to gain re-entry into the U.S. The deportation defense attorneys of the Chávez Law Group, have several strategies to fight your deportation and help you legally stay in this country. Please do not hesitate to call us today.
In some cases we are able to successfully fight the government’s grounds for removal. This essentially means that there is no reason to deport you in the first place and ends the case against you. However, in cases where the grounds for removal are sound, there are many forms of deportation relief which may be available to you.
Relief from Removal
You may be eligible for one or more of the following types of relief from removal.
Waiver. Waivers are often used when deportation is based on a criminal conviction. Waivers may be granted if you can prove that a close family member who is a U.S. citizen or permanent resident will suffer undue hardship if you are deported from this country.
Cancellation of removal for permanent residents. To be granted cancellation of removal as a legal permanent resident you must prove that:
- You have been a permanent resident of the U.S. for at least five years prior to receiving a Notice to Appear (NTA)
- You have resided in the U.S. continuously for at least seven years
- You have not been convicted of an aggravated felony
Cancellation of removal for non-permanent residents. You must prove that:
- You have been physically present in the U.S. for at least 10 years prior to receiving your NTA
- You are a person of good moral character, meaning that you have not been convicted of certain crimes, including aggravated felony or crimes of moral turpitude
- A close family member who is a U.S. citizen or permanent resident will suffer undue hardship if you are deported
Voluntary departure. You agree to leave the country on your own and at your own expense within a set amount of time, usually no more than six months.
Political asylum and withholding of deportation or protections under the Conventions Against Torture are available to those who fear persecution in their home countries.
Adjustment of status. Under some circumstances, you may be able to seek an adjustment of status to avoid deportation. Certain types of visa holders who are eligible for permanent residency may be able to become permanent residents. In other cases, the judge may terminate your removal proceedings while you apply for naturalization. If naturalization is denied, then removal proceedings are reinstated.
Appeals and Motions
Once the immigration judge enters a decision you still have several options. You can file a motion for the judge to reopen or reconsider your case. You can also file an appeal with the Board of Appeals within 30 days of the decision.
If you or someone you love is interested in obtaining U.S. citizenship or is facing deportation, please talk to the immigration lawyers of the Chávez Law Group, today, or submit our online questionnaire.